Indecent Images Solicitors & Lawyers

Being involved in an investigation relating to indecent image charges can be a highly stressful time. Your reputation and liberty is at stake. Added to this, it is one of the most difficult areas to define by law and yet can be punishable by imprisonment.

It is therefore essential to work with a specialist team of solicitors such as Lawtons to prepare your defence case.

What are indecent images?

An indecent image is a visual representation involving a child (under 18) with sexual content, which may include photos of nude or partially clothed children, or children in sexually suggestive poses. Indecent images can also feature sexual content involving animals.

These images are categorised into three main types:

• Category A – Images involving penetrative sexual activity, sexual activity with an animal, or sadism
• Category B – Images involving non-penetrative sexual activity
• Category C – Indecent images not falling in categories A or B

Indecent images and the law: possession and making

There are several elements to the law when it comes to the sentencing of indecent image charges, which will be judged based on the individual facts of the case.

The two main distinctions made in the law are between:

1. The possession of indecent images
2. The making of indecent images with an intention to distribute or advertise

Making of indecent images can occur in many ways, often when someone simply downloads them from the internet. The act of downloading “makes” the indecent image on the device upon which the image has been downloaded. However, the “making” of the image can also happen automatically happen sometimes when a device visits a web page on which indecent images of children are visible. This is a particularly complex area of the law and a comprehensive understanding of the technology behind this is vital to ensure that the right advice and tactical approach is adopted.

One aspect of an indecent image case is for the police or prosecution to prove knowledge of having indecent images on a device such as a computer, laptop or phone. There may be occasions when the person arrested or being investigated has ownership of the device on which the indecent images may be found, but that they may not have exclusive control of it, for example a shared computer.

However, the fact that you were unaware that you are in possession of indecent images will not necessarily mean you are found innocent. Likewise, awareness and looking at the images does not necessarily mean you will be found guilty.

To complement our expertise, we use experts to examine electronic devices upon which indecent material may be found. The experts are able to challenge and consider the way in which the prosecution have graded the material in the event that it is disputed.

Further factors that may be taken into consideration during a case involving indecent image charges include:

• Whether there is a legitimate reason for possessing the images and the intentions
• Whether the images are in fact of children under the age of 18, this can be the subject of debate

Sentences for possessing and making indecent images will vary depending on various factors including on the categorisation of the images and the number of images involved.

What will happen if you’re under investigation for indecent images?

Being under investigation for indecent images can be incredibly stressful. The police might arrive at your home with search warrants to take your computers, tablets, and phones if they suspect these devices have illegal material. This search can happen without warning and might be seen by family, neighbours, or even colleagues, which can be quite upsetting. While an arrest may happen, it’s not always immediate. Often, you’ll be left waiting under investigation while the forensic analysis of your devices is carried out, a process that can take six to twelve months. During this time, a skilled solicitor, like our team at Lawtons, can help guide and support you through the process.

What are the sentencing guidelines for indecent image offences?

Sentences for indecent image offences vary depending on the nature of the offence. Possessing indecent images can lead to a maximum of five years in prison, while distributing, creating, or making them carries a higher limit of up to 10 years. The courts take these cases seriously, and sentencing depends on factors like the severity of the images and whether there were any aggravating circumstances.

Will I go on the sex offenders register?

If you are convicted of an offence regarding indecent images, you will be required by law to sign the Sex Offenders’ Register. Further sentences will depend on the factors of the specific case.

Defences for possessing or making indecent images

There are 2 statutory defences which can be applied regarding indecent images:

1. Legitimate reason – this defence is rarely used as it requires the individual to provide a legitimate reason for being in possession of indecent images
2. Lack of awareness – the individual accused would have to prove they had not seen the images and they had no reason to assume they were indecent. This defence may apply if the images were ‘made’ inadvertently on the device on which they were found, such as via a pop-up

What should you do if you are accused of possessing indecent images?

If you have been the subject of a search warrant issued under the Protection of Children Act and have had items seized or are accused of possessing indecent images, it is critical to seek expert legal advice as soon as possible, so we are able to gather all the necessary evidence to defend your case.

Our specialist team of solicitors at Lawtons – dedicated to sexual offence cases – is on hand to ensure every angle is assessed professionally and that expert guidance is offered. This can include advice on whether you cooperate with the police investigations associated with your case, and a comprehensive review of the examinations undertaken by police. Our expertise and proven track record helps to ensure  we can work towards the most favourable outcome for you.

How can Lawtons Solicitors help if you’ve been accused of possessing indecent images?

Being accused of possessing indecent images is a serious matter that can have life-changing consequences. At Lawtons, we have extensive experience in defending individuals facing these charges and understand the complexities involved.

Our specialist criminal defence solicitors will carefully review the evidence, ensuring that your legal rights are protected throughout the process. We will explore every possible defence, such as lack of knowledge, mistaken identity, or unlawful access to your devices. In some cases, forensic experts may be brought in to challenge digital evidence.

We also provide clear, practical advice on how to handle police interviews and court proceedings, aiming to secure the best possible outcome. Our team works discreetly and sensitively, minimising the impact on your personal and professional life. 

For more information on legal proceedings surrounding indecent images charges, or to discuss an individual case in complete confidence, please just contact us.