
Making indecent images is a profoundly serious crime, and being accused of it can have lasting effects on your reputation, relationships, and future prospects. The legal process can seem bewildering, and the potential penalties are often severe. If you or someone you know is under investigation for making indecent images, you may be searching for clarity about what this offence involves, what sentences are possible, and whether a suspended sentence could be a realistic outcome. This article explains the law, outlines the sentencing process, and offers practical advice to help you navigate this challenging situation.
In UK law, “making” indecent images of children is a specific criminal offence, primarily prosecuted under the Protection of Children Act 1978 and the Criminal Justice Act 1988. The term “making” can be misleading, as it does not only refer to creating original photographs or videos. Instead, it covers a wide range of activities, including downloading, saving, or even opening indecent images on a device. Essentially, if you cause an indecent image to exist on your computer, phone, or any other storage medium, you may be considered to have “made” that image in the eyes of the law.
This broad definition means that even if you did not take the original photograph or video, you could still be charged with making indecent images if you download, store, or otherwise create a copy of such material. The law is designed to prevent the circulation and proliferation of indecent images of children, recognising that every download or save contributes to the ongoing exploitation of victims.
Indecent images are categorised by severity:
The number and category of images involved will significantly influence how the offence is viewed and sentenced.
Sentences for making indecent images can vary widely, depending on the circumstances of the case. The courts treat these offences with the utmost gravity, particularly when large numbers of images are involved or when the material is of the most serious categories. For the most severe cases, custodial sentences of up to ten years are possible, and offenders are almost always required to sign the Sex Offenders Register and may be subject to Sexual Harm Prevention Orders.
Judges consider a range of factors, including the number and category of images, the intent behind the making, any evidence of distribution or sharing, and the personal circumstances of the accused. Further, not every conviction results in immediate imprisonment. Depending on the facts of the case, the court may impose a community order, a suspended sentence, or a financial penalty. The outcome will depend on the specifics of the offence and the background of the defendant.
A suspended sentence is essentially a prison sentence that isn’t put into effect right away. Instead of going straight to jail, the convicted individual gets to stay in the community for a set period, typically between six months and two years. During this time, they must follow specific rules set by the court. These rules can vary widely. They might include things like attending rehabilitation programs, participating in counseling, performing unpaid work, or adhering to restrictions, such as limits on internet use.
If the person sticks to all the conditions and doesn’t commit any more crimes during the suspension period, they won’t have to serve the prison sentence. It’s effectively wiped clean. However, if they break any of the conditions or are convicted of another offense during that time, the original prison sentence can be activated. This means they’ll likely be sent to prison to serve that initial sentence.
Suspended sentences are designed to give offenders a chance to address the root causes of their criminal behavior while still holding them accountable.
Yes, it is possible for a court to impose a suspended sentence in cases involving making indecent images, but as ever, it depends on the circumstances. The judge will consider the seriousness of the offence, the defendant’s personal history, and their prospects for rehabilitation. If the court is satisfied that immediate imprisonment is not necessary and that the individual is unlikely to reoffend, a suspended sentence may be granted.
For example, if the defendant’s involvement was limited, they have no previous convictions, and they have shown genuine remorse, the court may be more inclined to suspend the sentence. On the other hand, if the making involved a large number of serious images, evidence of sharing, or aggravating factors such as attempts to conceal the material, the likelihood of a suspended sentence decreases.
In deciding whether to suspend a custodial sentence in cases involving making indecent images, the court will consider a range of factors:
Mitigating factors can increase the likelihood of a suspended sentence; these often include genuine remorse, actively cooperating with authorities, or taking significant steps to address underlying issues like addiction or mental health problems. Conversely, aggravating factors can make a suspended sentence less probable, such as a history of repeated offending, attempts to conceal the misconduct, or, particularly in certain cases, the possession of images involving very young or vulnerable victims.
Prison sentences for making indecent images are typically reserved for the most serious cases, particularly those that cause substantial harm or involve aggravating circumstances. Several factors significantly increase the likelihood of a custodial sentence:
Courts also consider the overall impact of the offense, including the harm inflicted upon the victims in the images and the broader societal damage from such material circulating.
Facing criminal charges for making indecent images is incredibly daunting, especially due to the sensitive nature of the allegations and the serious potential consequences. If you or someone you care about is in this situation, early intervention can significantly impact the outcome. Get in touch with the expert team at Stuart Miller Solicitors today for advice on next steps and to begin building your defence.
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