Stuart Miller Solicitors

Possession of Indecent Images - RvL - Client Avoids Jail in 85 Cat. A Images Case

Our award winning Indecent Images Solicitors represented a client facing 10 counts of Possessing Indecent Images contrary to the Criminal Justice Act.

Our client, Mr L was investigated by the police following a complaint to Trading Standards regarding a number of vintage porn DVDs that were being sold on Ebay. Concerns had been raised regarding the sale of these DVDs due to a lack of checks carried out by Mr L as to the age of the purchasers. This in itself attracted an investigation which was largely independent from the investigation that followed.

The search

During the Trading Standards investigation police executed a search at Mr L’s homes address and all of his devices including PCs, hard drives, cameras and mobile telephones were seized to be downloaded for evidential purposes. During these downloads, police discovered hundreds of Indecent Images which were later categorised, revealing 85 'Category A' images and videos. Indecent Images are categorised in to categories A, B and C depending on the nature of the image or video. Category A are Indecent Images showing penetrative sex, sexual acts with animals or sadism. Category B are Indecent Images involving non-penetrative sex and Category C are Indecent Images which do not fall in either of the previous two categories but are deemed indecent in nature. 

Possession of one Category A Indecent Image would usually attract a starting point of 12 months' imprisonment. This can be increased or decreased, usually within the sentencing range depending on the circumstances of the offence and the personal circumstances of the client. Mr L immediately accepted the case against him and made it very clear from the outset of the case that he wanted to plead guilty to the allegations against him.

Close up of mans hand holding camera in park

What we did

We identified Mr L’s main objective at the early stages of this case this was to avoid a prison sentence. Our Solicitors' focus in the preparation of this case therefore centred on obtaining substantial mitigation from Mr L and securing the most lenient sentence possible. 

With the objective set, our Indecent Images Solicitors joined forces with expert Indecent Images Barristers to devise a defence strategy in line with the objectives agreed with our client. The team methodically analysed the evidence looking for illegally obtained evidence or evidence which was inadmissible due to the complex rules of criminal litigation. We obtained full and detailed instructions from our client, instructed computer experts and obtained character witness statements to show our clients true character; a man of no previous criminal convictions who conducted many decades of life abiding by the law and looking after his family.

Owing to our pragmatic lawyering, our client was spared jail despite the number of Category A Indecent Images found. Mr L received an 8 month Suspended Sentence together with a requirement to undertake 24 months of supervision and perform 80 hours of unpaid work.

Given the very serious nature of this offence and the volume of Indecent Images including videos, avoiding jail was a welcome and unexpected relief for Mr L.

If you are concerned about an investigation or prosecution for Possessing Indecent Images, please visit our Contact Us page and get in touch with us by email, by telephone, by social media or by WhatsApp.