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Indecent Images Solicitors

If you are being investigated for, or charged with, possession or distribution of indecent images, you should seek expert help from indecent images solicitors as soon as possible.

Possession / distribution of indecent images
Contrary to Section 1 of the Protection of Children Act 1978; and Section 160 of the Criminal Justice Act 1988  

 

This offence is committed when a person possesses / distributes indecent photographs or pseudo-photographs of a child (person under 18 years of age)

How Can You Fight An Indecent Images Allegation?

This is a serious allegation and you should initially ensure that the allegation itself has been charged as the correct offence.  Mistakes are made in this complex area of law.

If the charge itself is correct based on the allegation, our specialist indecent images solicitors will hear your side of the story and advise whether you should plead guilty or not guilty and the strength of any defence you may have.

Indecent images will likely have been found on your electronic devices and our specialist team will need to review whether the police’s interrogation of your devices has been conducted correctly and whether its results have been interpreted correctly.  We may have to obtain our own analysis of the devices or expert response to the initial report.

What conduct is prohibited by Section 1 of the PCA 1978?

The prohibited conduct involving indecent photographs or pseudo-photographs of children is as follows:-

  • To take or permit to be taken or make any such photograph
  • Distribute or show any such photograph.
  • Have in his possession any such photograph with a view to it being distributed or shown by himself or others.
  • Publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows any such photographs or intends to do so.

This is a complex area of law and you should instruct specialist indecent images solicitors to ensure that you have been charged with the correct offence based on the allegation.

 

What sentencing powers do the courts have for offences prosecuted under the PCA 1978?

The offence is an either way offence, which means it can be heard in the magistrates’ or crown court, depending on the seriousness of the offence.

The sentencing powers of the magistrates’ court are limited to a custodial sentence of six months.

More serious offences would be committed up to the crown court, where they would be punishable on indictment with up to ten years’ imprisonment.

 

What conduct is prohibited by Section 160 of the CJA 1988?

Section 160(1) of the Act creates an offence for a person to have any indecent photograph or pseudo-photograph of a child in their possession.

It should be noted that “possession” involves both a physical and mental element, as follows:-

  • The physical element is that a person must have custody and control of the photographs stored on a device in order to possess them
  • The mental element is knowledge. A defendant must knowingly have custody and control of the photographs found on the device in question.

 

What sentencing powers do the courts have for offences prosecuted under the CJA 1988?

The offence is an either way offence, which means it can be heard in the magistrates’ or crown court, depending on the seriousness of the offence.

The sentencing powers of the magistrates’ court are limited to a custodial sentence of six months.

More serious offences would be committed up to the crown court, where they would be punishable on indictment with up to ten years’ imprisonment.

It is therefore a very serious matter and it is vital that you seek specialist help from our indecent images solicitors.

 

If a person is charged with the above offences, are there any defences?

Yes.

You should be aware that defending a case like this is highly complex and technical, and you will need help from our indecent images solicitors.

There are five statutory defences.

In brief, the five statutory defences are as follows:-

  1. legitimate reason
  2. ‘lack of awareness’
  3. unsolicited photographs
  4. marriage and other relationships
  5. criminal proceedings and investigations

 

How Can Forrest Williams Help?

As specialist indecent images solicitors, Forrest Williams are experienced in this field and understand both the technical aspects of the law in this field and the technological difficulties and mistakes commonly made when inspecting and analysing electronic devices.

We are a private firm and do not do any Legal Aid work.  This allows us to focus on clients who understand that their cases are too important for Legal Aid, or who do not qualify for Legal Aid.

If you are charged with any sexual offences, we can help.

With Forrest Williams on your side, you’re in control.  You can depend on us.

 

We know you will want to discuss this with our indecent images solicitors.  Call us on 01623 600645 for a free and honest assessment of your chances of success.

Get in touch or request a free callback

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