Indecent Images Solicitors

Possession of Indecent Images of Children

The law in relation to sexual offences is vast and often complex, especially those concerned with the possession of indecent images of children.

We live in a world governed by social media and the use of the internet. This technological change has resulted in many individuals who, previously would have never been involved in the criminal justice system, are now finding themselves embroiled in it, especially in relation to the possession of indecent images of children, or other types of extreme pornography.

At Richard Nelson LLP, we have a team of expert indecent images lawyers. We act with total discretion and without judgement, aiming to proactively defend rather than simply accept the prosecution case against you.

Attendance at the Police Station with a specialist indecent images solicitor is crucial. We assess the strength of the case against you and, if necessary, instruct forensic experts to examine computer technology using the latest techniques available.

If you are charged with accusations of being in possession of Indecent images, we have a team of lawyers experienced in defending allegations of possession of indecent images of children who can help you achieve the best possible outcome.

What is an indecent image?

An indecent image is any sexual image of a child (anyone under the age of 18). To be classed as an indecent image in UK law, it must feature nude or partially clothed children, or any child posing sexually in self-generated images.

What are prohibited images?

The term ‘prohibited image’ refers to non-photographic images of children, including computer-generated images (CGI’s), cartoons, manga images and drawings.

Section 62(2) to (8) sets out the definition of possession of a prohibited image of a child, defining it as a ‘pornographic image’ that is deemed to be ‘grossly offensive, disgusting or otherwise of an obscene character.’

What is a pseudo photograph?

Pseudo photographs are indecent images made using computer graphic software, and can include photos, videos, tracings, or derivatives of photographs.

What are extreme images?

Extreme images are images that meet the following criteria:

1. Pornographic (i.e. explicitly for sexual arousal).

2. Grossly offensive, disgusting or otherwise of an obscene character

3. Portrays in an explicit and realistic way any of the following:

a) An act which threatens a person’s life, or

b) An act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals, or

c) An act which involves sexual interference with a human corpse (necrophilia), or

d) A person performing an act of intercourse or oral sex with an animal (whether dead or alive) (bestiality), or

e) An act which involves the non-consensual penetration of a person’s vagina, anus or mouth by another with the other person’s penis or part of the other person’s body or anything else (rape or assault by penetration)

4. A reasonable person looking at the image would think that the persons or animals were real.

What does making and distributing indecent images mean?

Section 1 of the Protection of Children Act 1978 created offences in relation to the taking, making, distributing, showing, publication and possession of indecent images of children. These offences are triable either way but are predominantly heard in the Crown Court.

It is an offence for a person to take, permit to be taken, or make any indecent photograph(s), or pseudo-photograph(s), of a child. In addition to this, it is also an offence to possess, distribute, or publish such indecent images with a view of them being distributed or shown to another.

For the purposes of the Protection of Children Act, a person is said to have distributed an indecent image if he/she parts possession or exposes it, or offers it, to others.

It is a defence to show that the person accused had a legitimate reason for distributing or showing the image, namely in a court or law enforcement context, or that the person had not seen the image themselves and did not know, nor had course, to suspect them to be indecent.

Understanding UK law on indecent images

There are indecent images sentencing guidelines to assist lawyers and the judiciary in determining how serious your case may be viewed. Our indecent images solicitors will explain the guidelines specific to your case in detail with you. Indecent image cases are now categorised into levels A, B, and C, depending on the nature of the image, the age of the child depicted, and the volume of the images.