Indecent Images Offences
Being arrested or charged with producing, possession or distributing indecent images of children or extreme pornography can be very distressing, with the potential for a prison sentence if convicted, as well as the possibility of losing your reputation, career and family. Our team can provide a same day, including out of hours appointment from £500 plus VAT.
It is considered an offence to take, to permit to be taken, to make, to possess, show or to distribute an image of a child posed or pictured indecently, for example, in a sexual way. This could also include images of adults involved in an indecent act where a child is present but not themselves portrayed indecently.
‘Making’ an indecent image does not just refer to a person taking a photo or video - it can also refer to a person downloading or printing an indecent image or opening an email attachment containing an indecent image.
An indecent image could refer to actual photographs or video footage, as well as drawings or tracing, or images created digitally.
Get in touch
There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.
At JD Spicer Zeb, our specialists indecent images solicitors can offer same day appointments including virtual or out of hours if you work. We offer confidential rapid advice. We are trained to recognise genuine defences and can advise on strong or weak cases against you. We will be open and honest with you. You will have advice from a senior lawyer on the strength of your case. We can offer an enhanced private service led by partner or senior solicitor to maximise your chances of a positive outcome.
For more than 45 years, we have been advising and representing clients accused of various types of sexual offences, including those related to indecent images of children and extreme pornography. We can offer experienced, sympathetic legal support to help protect your rights and reputation, making proceedings as easy as possible on you.
In some cases, we are able to help clients avoid charges or see charges dropped early in an investigation. If you are charged and your case goes to trial, we can ensure you have the strongest possible defence and best representation available. If you have to plead guilty we will do everything possible to mitigate the penalty you will face. We will be honest with you about what is known as early guilty plea sentencing discount. This can effectively reduce your penalty by 1/3 and also sometimes be the difference between a custodial and non custodial sentence.
We will prepare a full sentencing pack for the court to reduce your penalty. This will normally consist of references, medical or mental health reports amongst other crucial information. We will limit the damage to your life. Where possible we will advise you on rehabilitation courses to assist you and the court. We will take you through best and worst case scenarios and clearly advise where your case will fall on the sentencing guidelines for these offences.
How can we help?
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
Have you won any awards?
OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -
"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.
Contact our indecent images defence lawyers today
If you have been arrested or charged with a child pornography or extreme pornography offence, you can contact us 24-hours a day, seven days a week for an immediate free initial consultation, expert legal advice and representation.
We speak a variety of languages across our team and work with a number of accredited interpreters allowing us to provide clear legal advice in any language, so you can have confidence that your interests are protected at all times. We are available to clients all over England and Wales for round the clock support.
Need immediate legal support for child pornography or extreme pornography offence? Our accredited Police Station Representatives and solicitors are available 24 hours a day 365 days a year using the emergency numbers listed at the top of the page.
Our expertise with offences related to indecent images of children and extreme pornography
With decades of specialist experience defending clients against charges related to the production, possession and distribution of indecent images, we have a detailed understanding of the law in this area and all available defence options.
Our team also understand just how emotionally challenging dealing with this type of allegation can be, so can offer sympathetic personal support throughout proceedings, as well as our legal expertise. We have strong expertise in forensic computer analysis, working with a number of specialists. This means we can ensure no detail is missed and that all of the relevant digital data is gathered and effectively leveraged for your defence.
In addition to guiding you through the general process of defending you against indecent images allegations, we will also take the necessary steps to ensure that your rights are protected, the alleged indecent images are correctly and accurately categorised, medical reports (including psychological evaluations) are collated and that the potential impact of a charge would have on you and your family.
We work with some of the UK’s top criminal defence barristers specialising in indecent images offences, so if your case does go to trial, we can make sure you have expert support for every stage of proceedings.
We work with leading providers within the digital forensics industry, primarily specialising in criminal defence investigations. With a comprehensive range of proven digital forensic capabilities that include mobile phone forensics, computer forensics and cell site analysis.
Unfortunately, indecent imagery, also known as IIC or Indecent Images of Children, is becoming more prevalent. Being accused of a sexual offence undoubtedly has devastating consequences. Society’s view of these offenders is such that the presumption of being innocent until proven guilty often seems, in reality, to be reversed.
Most cases of this type result from the discovery of indecent pictures or images of children on a computer. There are many reasons why pictures of this type may come to be on a computer unintentionally. Often the origins of Indecent Imagery (IIC) found via computer forensics are not fully investigated by the prosecution, which may result in a person being wrongly accused or worse, convicted.
We instruct experts on a vast range of investigations. We can work with experts such as Cyfor, an agency, to build your defence.
What to do if you are accused of an offence involving indecent images or extreme pornography
To avoid the risk of saying or doing anything that could undermine your defence, it is essential to be aware of your rights when interviewed by police in connection to indecent images of children or extreme pornography.
Do not forget the following:
- You do not have to answer any questions asked by the police.
- You should never answer any police questions without a solicitor present.
- You have the right to free legal representation.
- You can use the duty solicitor available or choose your own lawyer.
If you are arrested on suspicion of committing an offence involving indecent images of children or extreme pornography, the arresting officers must tell you the specific offence you are accused of committing and they must caution you using the words:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
If you are taken into questioning by the police, the interview stage will typically address a number of issues. This may include investigating whether you have visited specific sites and whether you had a sexual interest. At this stage, issues such as whether the internet is secured, whether any other person has been given access to the internet or devices and whether a device is second-hand will also be addressed.
Following a police interview for producing, possessing or distributing indecent images of children or extreme pornography, one of the following will occur:
- You are released with no further action
- You are released under investigation
- You are charged with a specific child sexual offence
If you are charged with a historical sexual offence:
- A date will be set for a court hearing
- You will either:
- Be released on bail
- Be kept in custody until your court appearance
If you are released with no further action or under investigation, you can be rearrested or summonsed to attend court at a later date.
What is considered ‘extreme pornography’?
The possession of extreme pornography is an offence under the Criminal Justice and Immigration Act 2008, which came into force on 26 January 2009.
The CPS defines pornography as images that “must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal” while the Act defines extreme pornography as that which depicts any of the following:
- Act that threaten a person’s life
- Acts that result in or are likely to result in serious injury to a person’s anus, breasts or genitals
Penalties for indecent images offences
In 2014, The Sentencing council issued revised guidelines for all sexual offences, including those concerning indecent images of children. There are three categories of seriousness that will determine the severity of the punishment handed out for an indecent image offence:
- Category A - Images involving penetrative sexual activity and sexual activity with an animal or sadism.
- Category B - Images involving non-penetrative sexual activity.
- Category C - Indecent images not falling within categories A or B.
The Crown Prosecution Service (CPS) will be invited to consider charges where indecent images that fall under one of these categories are found on a respective device. In cases where there is evidence that the suspect has published or distributed a prohibited image, prosecutors should consider whether they are able to charge the suspect with an offence contrary to the Obscene Publications Act 1959, rather than the offence of possession of a prohibited image.
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.
There are various offences involving indecent images of children under the Protection of Children Act 1978 and the Criminal Justice Act 1988.
Offences under the Protection of Children Act 1978 include taking, permitting to be taken and making child pornography, distributing or showing child pornography and possessing child pornography.
- Possession of indecent images carries a sentencing range of between 26 weeks and 3 years custody.
- Production of indecent images carries a sentencing range of between 4 and 9 years custody.
- Distribution of indecent images carries a sentencing range of between 2 and 5 years custody.
The maximum sentence for possession of extreme pornography is up to three years’ imprisonment, while more minor offences may result in a fine.
Anyone sentenced for at least two years’ imprisonment for an extreme pornography offence will also be placed on the Violent and Sex Offender Register
Offences under the Criminal Justice Act 1988 include possession of child pornography with a maximum possible sentence of five years’ imprisonment.
A convicted offender will also be subject to the Sex Offenders Register. In addition to this, a conviction may also result in an offender being dealt with a Sexual Harm Prevention Order (SHPO). This is a court order which can be requested by the police or court where there is a specific concern about an individual.
Such an order prevents someone from engaging in specific activities, such as restricting access to the internet without installed computer monitoring software.
What defence is there against charges relating to indecent or extreme pornography?
There can be various potential defences for possession of indecent images that your defence team can explore. These include:
This defence is made out if the defendant proves they had a ‘legitimate reason’ for possessing the material. e.g. for the purposes of academic research. The central question on this matter is whether the defendant was essentially a person with an ‘unhealthy’ interest indecent images acting under the pretence of undertaking research or was a genuine researcher who had no alternative but to have the material in their possession.
Lack of awareness
This defence is made out if the defendant proves that they had a ‘lack of awareness’ of the images, i.e. they had not seen them and had no reason to suspect that they were indecent. This applies if an absence of knowledge and a cause to suspect is proved in respect of either the indecency of a photograph or the fact that its subject matter is a child.
Marriage and other relationships
An additional defence that can be put forward relates to marriage and other relationships. The core requirements of this are that the photograph was of a child aged 16 or 17 and, at the time of the conduct in question, the defendant and the child were married or civil partners and loved together in an ‘enduring family relationship’.
Our defence solicitors are highly experienced with the available defences for indecent images offences, so can ensure every possible angle of defence is explored to help you avoid charges or secure the best available outcome during a prosecution.
Contact our indecent images defence lawyers today
For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about allegations of producing, possessing or distributing indecent images of children or extreme pornography, please do not hesitate to get in touch.
You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Or email: firstname.lastname@example.org
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
24/7 legal representation for indecent images offence allegations
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 of children or extreme pornography.
We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.
The Lucy Faithfull Foundation
If you are a victim of child sexual abuse or at risk of offending, please contact the Lucy Faithfull Foundation for advice.
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