What Does Possession of an Indecent Image Mean?

What Does Possession of an Indecent Image Mean?

The development of technology and easy access to the internet means access to illegal material is much more prevalent. As a consequence, more people are finding themselves facing allegations of possessing illegal material, including indecent images of children. The police seek to prosecute those responsible for such offences. However, not all result in a criminal conviction.

This blog, written by Partner, Katie Scott, who specialises in sexual offences defence, explores these offences and outlines the steps that can be taken to secure an acquittal of charges.

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

It is a criminal offence to produce, distribute, or possess indecent images of people under the age of 18. The level of sentence will depend on the specific facts of each case including the category of image and the number. Possessing indecent images can attract a custodial sentence and requirements under the Sexual Offenders Register.

The advancement of technology often requires expert instruction to forensically analyse devices. There are a number of technical barriers the prosecution may be faced with that can lead to the case being discontinued or a not guilty verdict returned by a jury. Due to decreasing resources, only a limited inspection of devices is often undertaken by the police which may result in valuable evidence being unavailable to assist in your defence.

Given the serious consequences, it is essential to obtain specialist advice. It is clear the outcomes of these cases are dependent on the quality of legal representation. Criminal defence solicitors often play a vital role in challenging evidence, procedural errors, and the credibility of expert witnesses.

If you would like more information, please contact us on 0800 542 4245 for a confidential discussion with a member of our team.

Photo by Inzmam Khan

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