It should be noted that there is a requirement for prosecutors to prove that the act of downloading indecent Images was deliberate and intentional. In some cases, the accused is not even aware of there being an image of this type on their computer before they are arrested and at the centre of a lengthy and uncomfortable investigation. Even ‘cached’ indecent images that can be found on the memory of a device, or are still in an unallocated space after deletion can put individuals into trouble with the law.

Downloading indecent images is a serious offence which typically brings a full investigation involving a complex string of police interventions and engagements. The accused is in a state of overwhelm and terror. It’s a time when it’s vital that a indecent images solicitor is engaged to provide support and guidance. They can tell you what to say and what not to say during the initial police interview, in subsequent police communications and at court.

We have put together some questions and answers to provide you with guidance and support. We aim to make this easier for you and to provide you with the information that you need to take your first step in protecting yourself.

If you have a question that you cannot find an answer to here, contact us, and we will do all that we can to provide you with information.

Have you been arrested or charged with downloading indecent images? 

If you or somebody you know is in the process of being arrested or charged in connection to a downloading indecent images case, you’re likely to be feeling stressed, anxious, worried and confused about what’s going to happen.

In many cases, there is no truth in the case, it’s built only on allegations. However, whatever your circumstances it can be very stressful as you wonder who you know will find out about this and how it will affect your day to day life. You will be concerned about what friends, family, colleagues and employers will think of you.

What happens in a downloading indecent images investigation?

You’ll typically discover that you’re being investigated for downloading indecent images offences when you get a knock on the door from the police. The police may invite you to the police station for an interview or what they will term as a ‘chat’. You have a right to consult a lawyer and the right to attend the interview with someone else, who should be that lawyer.

When a downloading indecent images investigation takes place, it can be a very concerning time. Of course, you’ll have your job and your reputation on your mind. Will you have the income you need to cover bills and feed your family. The future now looks be uncertain and unstable.

You may have been falsely accused of downloading indecent images  

It’s important to note that in many cases, people are wrongly accused of downloading indecent images. If you feel this has happened to you, and it’s somebody making false claims about you, it could be a malicious act. In other cases, somebody may be trying to gain a financial payment from you.

There are also cases where a person has lent their personal computer to somebody else and their equipment has come back to them having been used to download, produce or distribute indecent images.

Without a lawyer, you cannot find out more until the interview

Initially, you’re not likely to be given much information with regards to the reasons why you’re being investigated. The game plan of the police at this stage is to get you into the police station so that they can question you and put your responses on record. These recordings may then be used against you as evidence in court.

Before attending the police station is the best time to engage with indecent image lawyers for legal advice. Ideally, you’ll hire a solicitor who is a specialist in this field and they will be able to give you the support and guidance you need to be able to handle the case for the best possible outcome.  Once you have engaged a solicitor, they will examine your situation and what’s known about it and then will create a strong defence.

Instruct a legal professional as soon as possible

If you discover that you’re under investigation or you have been charged, it’s critical that you take legal advice as early as possible. Your position needs to be protected, and the lawyer needs time for you to tell them about your case and for him or her to craft a strong defence strategy. The best approach to take now is to engage a legal professional who has experience of building a defence for sexual offences, cases of making indecent images and child pornography cases.

What should you do if you get arrested or charged with downloading indecent images offences?

Both the areas of law known as downloading indecent images and the overall umbrella term of sexual offences can be complicated. No matter what your situation is, these areas of law can have a devastating effect on the lives of those involved – both the accused and the accuser.

It’s recommended that the first action you take is to hire an indecent images lawyer or a sexual offences solicitor to help you. Not only will you gain access to the most current laws and defence strategies, but you will be given supportive guidance and tactics on how to get through this challenging time in your life.

You’ll be supported throughout the entire process, and a competent lawyer will ensure that you get the best possible outcome.

Can the police search my home?

What many people find difficult is that along with interviewing you, it is likely to have been a search warrant issued so that the law enforcement officers can make a thorough investigation. This search will include your home, smartphone, tablet, computer, plus any data containers such as hard drives.

During the search, your emails and social media accounts will be examined for evidence.

Could you go to prison for downloading indecent images?

The act of downloading indecent images is a serious crime. Whether you will need to spend time inside a prison will depend on what took place, what the crime is that you are convicted of and how well you are defended in court.

If you are found guilty and are convicted of the downloading indecent images offence, you’ll probably be handed a sentence of imprisonment as punishment. However, there is also a chance that your lawyer may be able to have your case dismissed before it reaches the point of being a trial in court.

Here at Stuart Miller we handle sexual offences cases regularly and have deep expertise in this field. We can help you by recommending the best course of action to take to mitigate the outcome. No matter what size your case is, get in touch.

What type of sentence could you get for downloading indecent images?

Depending on what you are convicted of, your name may be added to the sex offenders register. Prison sentences range from 3 months to 1o years imprisonment.

If you engage an indecent images solicitor who has deep experience and knowledge of this area of the law, they will advise you of what would typically be a sentence for whatever crime there is a possibility of you being convicted of.

Does a conviction for downloading indecent images go on your criminal record?

If your downloading indecent images case is heard in court and you are convicted of the crime, your conviction will be recorded on your CRB / police record.

The period of the endorsement will depend on the nature and length of the sentence imposed on you.

In addition, your name will be added to the ‘sex offenders register’ and you will be subjected to ‘notification requirements’.

How Can Stuart Miller Solicitors Help?

If you are accused of downloading indecent images, our specialist team of solicitors can provide you with in-depth advice in a clear and concise manner. Our extensive understanding of the Protection of Children Act puts us head and shoulders above the rest when representing those who are accused of offences in this complex area of law. Our criminal solicitors will apply their knowledge, skill and expertise in finding the best strategy and solutions to defend your case. We work alongside our cybercrime lawyers to challenge technological issues and contest the prosecution’s allegations.

Our indecent images solicitors understand that accusations of downloading indecent images will cause you a tremendous amount of confusion and anxiety. With so much negative press surrounding sexual offences, it is understandable you will feel stressed, worried and afraid to seek help. We are confined to the strict rules of the solicitors regulation authority which offers you the protection of confidentiality.

We have committed our lives to the defence of those prosecuted by the state and we promise never to pass judgment. All our indecent images solicitors are professionals and absolutely dedicated to achieving the best possible results for our clients.

Our indecent images specialists are criminal solicitors that provide representation throughout police interviews and at all stages of the court process. As with any offence, the earlier our team are involved in the process, the higher the likelihood of success.

We have access to the United Kingdom’s leading forensic experts. We can instruct these experts to re-analyse your devices which have been seized by the police. This meticulous analysis frequently uncovers inconsistencies in the digital evidence presented by the prosecution and ensures all avenues of your defence is explored.

Our team truly work with the mindset that you are innocent until proven guilty. We will listen to your instructions intently and advise you on the best course of action from the police station stage and throughout the court process. Once instructed by you, we will put pressure on the investigators to ensure they fulfil their duties of investigating expeditiously. The earlier in the process we are instructed, the more effective our representation will be.

Categorising the images

Once indecent images are located on the electronic device, the police will categorise them as an A, B or C image – depending on the nature of the image or video. To prove the charge of making indecent images, it is for the prosecution to prove that you knowingly had custody and control of the images stored on a device and you were able to retrieve the images from the device. It is essential you contact our team of experts as early as possible so we can engage the UK’s leading experts to analyse the devices where the indecent images were found.

The experts we use can re-categorise indecent images if we dispute the prosecution’s categorisation. They can explore numerous avenues that can prove essential to support your case. They can provide evidence on where the indecent images were found when they were downloaded and how many times they have been viewed. They can often confirm whether they were found as part of a search or whether they came into existence on the device following a pop-up from a legitimate legal website.

How we can help

If you believe someone else has used your device, they can check which websites were running simultaneously at the time of the download to see if the user can be identified. We will never accept the prosecution’s case at face value. We will seek out weaknesses in their case; we will challenge illegally obtained evidence and try to kick out inadmissible evidence. If any of the charges cannot be proved by law, we will apply for those charges to be dismissed.

In the event that you accept the offence and are looking at the potential consequences or sentences imposed for possession of indecent images cases, our indecent images solicitors will create a defence strategy to do their best to achieve your objectives. We will do everything possible to present your case and personal circumstances in the best light, so the judge feels legally incapable of imposing unduly harsh sentences and where possible, we will always fight tooth and nail to avoid jail terms. An example of such a strategy being implemented was in the case linked here.

Book a free consultation with an indecent images legal expert

If you are accused of any indecent images offences, please contact us and ask to speak to one of our specialist indecent images solicitors. We can arrange a meeting with you in person, online or by telephone. If you prefer, you can WhatsApp us from the link you will find on this page.

Due to the sensitive nature of our sexual offences cases, we publish very limited information about them on our website.

Our team are very competent and can support you in any Indecent Images allegations that you may be accused of. It’s critical that you engage a solicitor who has deep experience and knowledge of the laws. Being sensitive and considerate of the nature of the cases that we handle is also an important goal for us.

Would you like to discuss your case before instructing us?

If you’d like to have a no-obligation chat with us before you instruct us to take your case, then call us today.

In addition to giving you a free consultation, we can also represent you at the police station if you’ve been arrested. We can look at securing your legal aid.

Please contact us and ask to speak to our indecent images solicitors to arrange a meeting in person, online or by telephone. If you prefer, you can WhatsApp us from the link you will find on this page.

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