Possession, Making or Distribution of Indecent Images
24/05/2017
A BRIEF OVERVIEW OF THE LAW
The legislation for England and Wales which deals with offences concerning indecent images of children are Section 1 of The Protection of Children Act 1978 1978 and Section 160 of The Criminal Justice Act 1988.
What do the prosecution need to prove to secure a conviction?
That the person shown is a CHILD – A child is a person aged under 18 although sometimes the age of a person is unknown and arguments need to take place as to whether the picture depicts a child.
That the photograph is INDECENT
Levins Solicitors has an expert team who can assist in relation to Sexual Offences. We have dealt with numerous cases of possessing indecent images and related offences.
Our experience is that those facing allegations involving indecent images face a particularly stressful time. Not only do they have to deal with the case itself but also the wider ramifications such as the stigma of being charged with a sexual offence. The sentences passed for these types of offences can be lengthy and more and more people are being charged. Computers and the use of the internet are commonplace which means that this type of offence has been seen more frequently than in the past. Pornography is easily available on the internet. This can lead to people inadvertently having material that they did not intend to have.
If you have been contacted by the Police relating to an investigation or prosecution of this type you require specialist expert advice. It may be that you are accused of making indecent images or possession of indecent images. There are also offences relating to distribution.
The law distinguishes between the class of offence. Therefore, for example, photographs involving children engaged in serious sexual activity will be treated as more serious by the Courts. You require a Solicitor who understands the catergorisation and the complex legal issues raised in indecent images cases.
If you face these types of allegations it can be difficult to know where to turn. You need to ensure that the lawyer dealing with the case has the necessary experience in this type of work. At Levins we have close links with computer experts and expert counsel. This allows your case to be prepared fully. We will explore defences and advise you fully in relation to plea. Our service starts in the Police Station where we provide free and independent advice. If you are charged Legal Aid is often available and one of our team will be happy to discuss this with you.
We have dealt with these types of cases locally in Merseyside but also further afield. This means we will travel to you whether you face proceedings in London, Birmingham, Newcastle or elsewhere.