Indecent Images
Possessing or sharing indecent images of children is a serious criminal offence under the Protection of Children Act 1978 and the Criminal Justice Act 1988. The law defines an “indecent image” as any image, whether photo, video, or computer-generated, that is considered indecent and shows a person under the age of 18. The offence covers possession, making (which includes downloading or saving), distribution, and production of such material.
The term “making” often causes confusion. In law, you can be charged with making indecent images simply by viewing or opening them online, because a temporary copy may be created on your device. That means someone can face prosecution even if they never deliberately saved or shared the material. The images are usually graded by seriousness into three categories (A, B and C), which can affect sentencing.
Why these cases are so difficult
Indecent image investigations are complex and can have devastating personal consequences. People accused often face immediate arrest, device seizure, suspension from work, and social stigma long before any charges are made. In many cases, the accused may have no idea why they are being investigated, or may be the victim of mistaken identity, malware, file-sharing software, or unauthorised access to their devices.
The investigation process can take many months while the police examine computers, phones, tablets, and cloud backups. During this time, it’s vital to have an experienced solicitor who understands both the law and the technical aspects of digital forensics.
Why you need a solicitor
A good Criminal Defence Solicitor will ensure that your case is handled fairly, that your rights are protected, and that evidence is examined in context rather than simply accepted at face value. They will:
- Find out exactly what the police suspect and what devices or accounts are being examined.
- Make sure proper procedures are followed when devices are seized and analysed, including maintaining a clear chain of evidence.
- Obtain full disclosure of the digital forensic reports and identify whether material truly amounts to indecent images in law.
- Explore whether the alleged material could have been automatically downloaded, cached, or created without your knowledge.
- Instruct independent forensic experts where necessary to re-examine the data and provide an alternative professional opinion.
- Advise and represent you during interviews, bail hearings, or any court appearances, ensuring that the prosecution is held to strict proof.
- If charged, prepare your defence with specialist Criminal Defence Barristers or King’s Counsel and help you understand the possible outcomes and sentencing guidelines.
Because of the sensitivity of these allegations, the right solicitor will also handle matters discreetly and professionally, minimising publicity and helping you and your family navigate what can be an extremely distressing process.
If you have any questions about indecent image allegations, how digital investigations work, or what happens after your devices are seized — or if you need help identifying a solicitor with experience in this area — please contact us using the links below.