Anyone who has found themselves being investigated for the possession of indecent images or extreme pornography will know how incredibly stressful the whole situation can be. It’s a legal area that few people feel comfortable talking about, making it a lot harder to reach out for help.
It’s critical that you’re able to seek appropriate legal advice in these situations, to ensure that you’re treated by the law in a just and fair manner. Below, we go through some of the basic things you should know, from which legislation will apply to the case to what kind of sentence you can expect should you be found guilty.
What are indecent images?
Indecent images in these contexts are generally defined as images of a sexual nature of a child. A child here is generally (but not always, as we’ll see in the defence section) defined as someone who is under the age of 18. Indecent images can also involve pictures of a sexual nature involving an animal.
An image is generally indecent if it is of a sexual nature in these contexts. It’s important to note that it does not matter whether it was the intention of the creator of the image for it to be sexual in nature – what matters is whether the image itself is sexual.
Relevant legislation
The crime of possessing indecent images isn’t covered by a single piece of legislation in the UK. Instead, there are multiple different laws that might apply, depending on the situation. Section 1 of the Protection of Children Act 1978 states that it is a criminal offence for someone to have in their possession indecent images with the intention of showing or sharing that image with others.
Section 160 of the Criminal Justice Act 1988 defines the possession of an indecent image of a child as a crime, while section 62 of the Coroners and Justice Act 2009 extends this beyond photographs to include animated, computer-generated and drawn images of children engaged in pornographic activities.
Which piece of legislation is used to charge the defendant may influence the way that you choose to build your defence. As a result, it’s critical that your solicitor is highly familiar with these legal nuances.
Categorisation of images
Indecent images are often placed into one of three different categories – A, B and C.
Category A
Category A is the most serious category of offence, involving penetration, sexual activities involving an animal, or sadism. If you are found guilty of possessing this category of images, you will likely face prison time.
Category B
Category B images are those involving some form of sexual activity but not penetration. They are considered somewhat less serious by the legal system, but will still likely result in serious legal repercussions.
Category C
Category C images are those which do not fall in either categories A or B. Usually, this will consist of some kind of sexual posing. Being found guilty of possessing this kind of image will typically result in a community order, but it could also result in a prison sentence depending on the other factors involved.
Sentencing for possession of indecent images
The sentencing guidelines for these kinds of offences clearly illustrate how seriously they’re treated by the legal system.
If you are found guilty of possessing indecent images of a child under the Protection of Children Act 1977, you could face up to 10 years in prison, with an offence range of between a community order and 9 years in prison.
Should you be found guilty under the Criminal Justice Act 1988, however, you will face a maximum sentence of 5 years in prison, with an offence range of between a community order and three years in prison.
Impacting factors on sentencing
There are a range of different factors that will impact how serious your sentence will be, should you be found guilty. Impacting factors include prior convictions of a similar nature, the age and vulnerability of the victim, the suffering caused to the victim, the amount of time over which these pictures were developed and possessed, and the number of pictures involved.
If you can show that you are genuinely remorseful, of otherwise good character, suffering from bereavement, trauma or some form of mental disorder, then it’s possible that the court will look upon your case more favourably when it comes to sentencing. It’s imperative that your solicitor knows which factors to highlight when developing your defence with you.
When to seek legal assistance
While these kinds of offences are highly taboo in our society, you will be met with an analytical and non-judgemental approach from any professional solicitor. It’s imperative that you reach out for assistance as soon as you suspect that you may be under investigation, or if you suspect that you may face charges in the near future.
It’s critical that you start taking action sooner rather than later, both to limit any further damage you might do to your case and to start working on your defence.
Potential defences
If you’ve been charged with possession of indecent images in the UK, given the severity of the sentence you could be facing it’s important that you work on building a solid defence.
It’s critical that you choose a legal team that has extensive experience in these kinds of cases. The potential repercussions of being found guilty are simply too high to leave things to chance. You need to get working on a defence as soon as possible, to increase the probability that you achieve an optimal result.
If you’re facing offences for possessing indecent images, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR).
