Conditional Caution for the Possession of Indecent Images

Disposal by Conditional Caution: Possession of Prohibited and Extreme Images Across Multiple Devices

Lily Nutbrown represented a client during a police station interview conducted under caution, concerning allegations of possession of extreme and prohibited images identified across a number of seized electronic devices.

Background:

The client instructed the firm following his arrest on suspicion of possessing indecent images. After his devices were examined by the police’s digital forensic unit, he was invited to attend a further interview, during which he was to be questioned about prohibited and extreme images identified on several of his devices.

Our Approach:

Before the interview, we were able to obtain disclosure from the police, which highlighted the material found on the client’s devices. We subsequently held a conference with the client to take detailed instructions, assess whether any defence applied, and advise him on his options in interview.

The client accepted responsibility for the offending; however, there were a number of significant mitigating factors. Lily Nutbrown advised the client accordingly and attended with him at the police station interview, where admissions were made. Following the interview, she made detailed representations to the police that it would not be in the public interest to prosecute the case and that the matter could appropriately be dealt with by way of a conditional caution.

Outcome:

The police agreed with those representations, and the matter was resolved by way of a conditional caution. This avoided the need for a court appearance and a criminal conviction.