How Police Uncover and Investigate Indecent Images

Quick answer

UK police typically uncover indecent images offences through automated detection systems that identify suspicious search terms and message activity. Once an IP address is identified, a warrant is obtained – under the Protection of Children Act 1978 or Section 8 of the Police and Criminal Evidence Act 1984 – to enter the premises and seize devices. The suspect is interviewed, devices are forensically copied and examined, and images are categorised as Category A, B or C before the case is referred to the Crown Prosecution Service for a charging decision.

What are the initial stages of an indecent images investigation?

Child Protection Services and law enforcement agencies run programmes with algorithms that capture search terms commonly used when viewing indecent images. Message threads and call logs can be detected.

If these programmes detect access to indecent images, the IP address is supplied to the relevant law enforcement agency. An application is made under the Regulation of Investigatory Powers Act 2000 (RIPA) to request the user’s registered details from their internet provider.

Such an application must satisfy the Information Commissioner’s guidance on detecting and preventing crime by being proportionate, legitimate, and necessary where no other type of application or discovery could find or expose the user’s details.

Once personal information is received, intelligence checks are carried out – including voters register, PNC, and criminal intelligence database checks – to identify risks and provide data for obtaining a warrant. The Magistrate needs to be satisfied that sufficient investigations have been done before granting a warrant.

How do the police obtain and execute a warrant?

A police officer will need to attend court and lay information in camera before the Magistrate that it is necessary to gain access to the premises and that it should be carried out in such a way as to prevent loss or damage to the sought evidence.

A warrant can be granted under the Protection of Children Act 1978 or under Section 8 of the Police and Criminal Evidence Act (PACE) 1984. The application contains an information document, a pre-typed warrant (two copies), and a police inspector’s authorisation. The officer is placed under oath.

Once granted, the address is attended by sufficient officers possessing the warrant. Entry is normally under persuasion, as opposed to forced entry, meaning the police can enter the premises once contact with the occupier is made.

Occupants are identified and informed of the reason for attendance. Police may seize all viable devices capable of downloading, storing, or communicating data needed for evidential purposes.

Upon leaving, police provide documentation. The remaining occupiers should be left with a copy of the warrant and a search form listing the devices seized. The suspect is typically arrested and transported to custody, though voluntary interview may be offered as an alternative.

How does an indecent images interview work?

The interview is preliminary and will address questions such as whether the suspect has visited the sites in question and whether the individual has a sexual interest.

Various factors are established, including whether the internet connection is secured, whether others had access to devices, or whether a device was elsewhere during the relevant time. This list is not exhaustive.

If arrested following interview, suspects are typically bailed with the condition that they have no contact with children under 18 years old, including family members.

How are devices interrogated in indecent images offences?

Devices are interrogated carefully so as not to alter or corrupt any data. For example, a ‘bridge’ device is used by joining the suspect’s device to the officer’s computer to make an exact copy of the information on the suspected computer’s hard drive.

This duplicate then becomes a working copy. All images are viewed and appropriately categorised as Category A, B or C. These are bookmarked and revisited to ensure correct classification.

The officer drafts an MG11 statement on the process and discoveries. It is not necessary for the Crown Prosecution Service (CPS) to view the bookmarked images before considering charges.

When does the Crown Prosecution Service become involved?

The CPS will be invited to consider charges where indecent images have been found on the respective devices. The police make no decisions on disposal; the matter is referred to the CPS.

When indecent images of children are found on a suspect’s electronic device, careful consideration is required to decide which charge is the most appropriate. Such a determination will be case-specific.

Where evidence shows the suspect published or distributed a prohibited image, prosecutors should consider charging under the Obscene Publications Act 1959 rather than possession.

Deciding on ‘possession’ or ‘making’

Prosecutors must bear in mind what needs to be proved in respect of possession of the images. Much will depend on: (a) the location of the images on the device; (b) how they came to be located there; and (c) how accessible or viewable they are in that location without specialist knowledge or software.

Examples include:

• A person who views an image on a device, which is then automatically cached onto its memory, would not be in possession of that image unless it can be proved that the individual knew of the cache.
• A person who downloads an image from the internet and then deletes it such that it is ultimately recovered in unallocated space or clusters will not be in possession of that image unless it can be proved that the individual has the wherewithal to retrieve it.

What should I do if I’ve been falsely accused of possessing indecent images?

Being falsely accused of possessing indecent images is one of the most serious allegations someone can face. It is also more common than people might assume: devices can be shared, malware can place files on a device without the user’s knowledge, unsolicited images can arrive via messaging apps, and automatic caching can mean an image is technically on a device without the user ever having knowingly viewed or saved it.

For possession offences under Section 160 of the Criminal Justice Act 1988 and the Protection of Children Act 1978, the prosecution must prove that the defendant knew the images were in their possession. Statutory defences exist where the defendant had not seen the image and had no cause to suspect it was indecent, where the image was sent without having been requested and was not kept for an unreasonable time, or where the defendant otherwise had a legitimate reason for possession.

In practice, the response to a false allegation should start as early as possible:

• Do not delete anything from the device – this can look like evidence destruction.
• Do not discuss the matter informally with police without legal representation.
• Contact a solicitor before any voluntary interview, and certainly before an arrest interview.
• Preserve any context that could explain how the images came to be on the device – for example shared device access, malware history, or browsing patterns.

The earlier a specialist solicitor is involved, the more scope there is to put a defence to police at the interview stage and, where appropriate, to seek a ‘no further action’ outcome before charges are brought. For one common scenario – images arriving via automatic caching after accidental access – see our separate guide on accidentally viewing child pornography.

What happens if I’ve received a police caution for indecent images?

A police caution is not a court conviction, but it is still recorded on the Police National Computer (PNC) and forms part of a criminal record. For indecent images offences, the consequences of accepting a caution can be particularly serious.

Depending on the specifics of the offence and the disposal, accepting a caution for an indecent images offence can place a person on the Sex Offenders Register and trigger the notification requirements that go with it. A caution will also appear on enhanced Disclosure and Barring Service (DBS) checks for several years, with obvious implications for any employment in roles involving children or vulnerable adults.

A caution can in some cases be removed via an application to the ACRO Criminal Records Office, but the bar is high – the applicant must show strong reasons such as that the caution was issued unlawfully or that retaining it is no longer in the public interest. See our guide on how to get a police caution removed for the detail.

Because of the long-term consequences, no one should accept a caution for an indecent images offence without first taking specialist legal advice. There may be a stronger argument for declining the caution and contesting the matter, or for negotiating a different disposal.

Contact our indecent images defence lawyers today

For a free initial consultation, urgent specialist advice, or immediate representation regarding allegations involving indecent images, please get in touch.

You can contact our indecent images defence lawyers in London, Birmingham, and Manchester by telephone on:

• Central London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk. 

Alternatively, you can fill out our quick online enquiry form and we will get back to you as soon as possible.

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Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to indecent images.

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