Indecent Images
At Jericho Law we have extensive experience at dealing with allegations of Possession and Distribution of Indecent Images of Children.
Our team offers specialist advice and representation for all types of indecent image cases, whether you are currently under investigation or you have been charged.
How we can help
We are regularly contacted by clients after their initial arrest and interview. Often they will not have had a solicitor present with them in interview; or they were represented by the duty solicitor who they have subsequently not been able to contact. Clients are frequently told by their duty solicitor that they must ‘wait and see’ what the police decide to do. It is at this stage that clients contact Jericho Law to ask if there is anything we can do to help. The answer is yes!
Following your release from police custody it is likely you will either be released on bail or ‘under investigation’. If you are released on bail you may have bail conditions attached which can be quite onerous. We will review the conditions with you and if necessary make an application to the police/courts to have the conditions varied or removed entirely. It is very difficult to predict how long investigations of this type will last however typically we see investigations take between 6 - 12 months.
It is common in these cases for the police to conduct 2 interviews. The first is usually to get an ‘initial’ account from you before the police have had the opportunity to download and analyse the contents of any electronic devices they have seized (computers, laptops, phones, hard-drives). Once they have reviewed the contents of these devices, the police will likely invite you back in for a second interview in which they will ask you about what they have found. We will ensure that, where possible, any second interview is conducted on a voluntary basis.
In cases of Possession/Distribution of Indecent Images, the police will not make the final decision on charge. This decision will be made by a reviewing lawyer for the Crown Prosecution Service. Once the police have completed their investigation they will submit a file of evidence to the CPS for review. The reviewing lawyer will apply the Code for Crown Prosecutors and look to establish whether there is 'sufficient evidence to provide a realistic prospect of conviction’ and whether it is in the ‘public interest’ to prosecute the case.
It is at this stage that we will submit a file of our own, including detailed representations asserting all of the reasons why we believe the prosecution case fails. We will work tirelessly to identify any potential holes in the prosecution case and identify any possible defences available to you. There are a number of statutory defences to possessing indecent images. They are set out in s.160(2) Criminal Justice Act 1988 and are as follows:
- that the suspect had a legitimate reason for having the photograph in his possession; or
- that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or
- that the photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
To find out more about whether any of the above defences apply to your case,
contact Jericho Law today for a free consultation.
We will also look to address the public interest test. Even in a case where the evidence is deemed to be strong, the CPS still have to be satisfied that it is in the public interest to prosecute. We will therefore explore any public interest arguments that can be made on our your behalf including any mental health considerations. We will also obtain character witness statements where possible to demonstrate your good standing within the community and comment on the likely impact of any such conviction. We can also advise on courses of treatment and therapy where appropriate.
The sentencing guidelines for these offences range drastically. For simple possession of indecent images the sentence can range from a medium level community order up to 3 years imprisonment. There are many factors that a court will take into consideration when deciding upon a sentence but the main factors are the category of images (Category A, B and C), the quantity of images and any relevant previous convictions. If you face allegations of distribution of indecent images the sentencing becomes more severe and the courts can impose anything up to 5 years imprisonment. It is therefore extremely important that you seek expert legal advice if you are facing such allegations.
Our team has an excellent track record at persuading courts to impose non-immediate custodial sentences in cases of this nature. Whether that be by way of a community order or a suspended sentence. If you are worried about an impending court case or for more advice on the sentencing guidelines, please
contact Jericho Law today.
What you can do
It is essential to seek specialist legal advice as early as possible when dealing with allegations of Possession or Distribution of Indecent Images.
Contact Jericho Law for a free consultation for advice on how we can help with your case.
Get in touch
Whatever stage your case is at, get in touch with Jericho Law today to discuss how we can help. Call us on:
Contact Us
Why Jericho Law?
Tim Baker, Director of Jericho Law, has a vast amount of experience in dealing with cases of Indecent Images. Here are some examples of the cases he has worked on:
List of services
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Indecent Images Investigation - No Further ActionList Item 1
Our client instructed us to provide pre-charge representation after they had been arrested on suspicion of possessing and distributing Indecent Images of Children. We successfully made several applications to the court to vary and eventually remove our client’s bail conditions which restricted contact with his own children. We submitted representations to the police identifying the reasons why we felt their case failed on evidential grounds. The police decided to take no further action against our client. Our client was of good character and so his reputation and employment was on the line.
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Indecent Images Investigation - No Further ActionList Item 2
We were instructed to provide pre-charge representation on behalf of our client. Our client was under investigation for being in possession of indecent images of children. Our client had been interviewed once before and was represented by the duty solicitor on that occasion. We obtained copies of the previous solicitors notes and disclosure. We took instructions from our client and identified a statutory defence available to him. The police requested a second interview for which we arranged a voluntary attendance for our client. We obtained some further disclosure in advance of the interview in which we were notified that a number of indecent images had been recovered from our client’s phone. We drafted a prepared statement which set out our client’s defence, namely that the indecent images had been sent to him in a group chat on whatsapp without solicitation and he deleted the images immediately. We subsequently submitted representations to the police and Crown Prosecution Service with supporting evidence and character references. The prosecution took no further action against our client.
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Indecent Images Investigation - No Further ActionList Item 4
We were instructed to provide pre-charge representation on behalf of our client in relation to allegations of harassment / grooming and possessing indecent images of children. We obtained detailed instructions from our client who adamantly denied the offences and provided names of several witnesses who could support his case. We obtained witness statements from these individuals as well as multiple character references on our client’s behalf. Following the analysis of the client’s phone, no evidence was found to corroborate the complainant’s allegations. We submitted the evidence we had obtained and No Further Action was taken against our client.
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Indecent Images - Charges Dropped Prior to Trial
We were instructed to represent our client after he had recently been charged with offences of being in possession of indecent images of children. We obtained the initial details of the prosecution case and reviewed this with our client. Our client’s instructions were consistent with a not guilty plea on the basis that he was not aware of the presence of this material on his devices. Our client entered not guilty pleas in the magistrates court and his case was sent to the crown court. At the plea and trial preparation hearing we advanced elements of the clients defence to the prosecution and requested further forensic examination of the devices. Having obtained this further report, and in light of the issues that we had raised in the client’s defence, the prosecution offered no evidence against our client in respect of all charges.
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Indecent Images Investigation - No Further Action
We were instructed to provide pre-charge representation on behalf of our client following his arrest on suspicion of Possessing Indecent Images of Children. Our client had already been interviewed and was represented by the duty solicitor. Once we were instructed we took detailed instructions from our client and instructed a psychiatrist to conduct a psychiatric assessment. After our client’s electronic devices were forensically downloaded and reviewed, a quantity of Indecent Images of Children were recovered. As a result of this our client was invited back for a second police interview. We arranged for this to take place voluntarily and we obtained disclosure from the police in advance. We prepared a detailed statement on the client’s behalf advancing his defence to these allegations which we submitted in the interview. We subsequently submitted pre-charge representations on our client’s behalf highlighting evidential issues with the prosecution case, namely the presence of cache images. The file was submitted to the Crown Prosecution Service for a charging decision and the CPS returned a decision of No Further Action against the client.