Indecent images allegations can consume you from within and regardless of your innocence or guilt, a mere allegation is enough to turn your world upside down.
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. We are here to help and support you.
Have you been accused of an offence relating to Indecent Images?
If you or somebody close to you has been arrested or charged in connection with an indecent images investigation, there’s no doubt that you will probably be feeling stressed, confused, worried and concerned about what’s going to happen.
In some cases, the charge is not based on fact but purely on allegations. Whatever your circumstances, it can be stressful as you wonder who will find out and how this will affect your day-to-day life. You will be concerned about how friends, family and colleagues might think of you.
What happens in an Indecent Images Investigation?
When there is an investigation related to indecent images taking place, of course, it’s a very stressful time. You’ll be concerned about your reputation, your job, what your family thinks of you, whether your neighbours and people might find out. Everything in your world will be uprooted, and your future will feel unsure.
In every case of an indecent images offence, the circumstances are different. However, it’s absolutely vital that you seek legal advice to support you and guide you. You need to engage experienced lawyers who can provide you with the expertise and guidance to handle the investigation process. The process can be complicated and lengthy. It’s crucial that you engage legal professionals who have experience in defending in indecent images cases and to whom you can speak in the strictest confidence.
You’ll typically discover that you’re being investigated for 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. You have a right to consult a lawyer and the right to attend the interview with someone else.
You may have been falsely accused of an indecent images offence
Please also note that in many cases, people are wrongly accused of indecent images offences. If you feel this is you, there are many reasons why you may have had false claims made about you. In some cases, it’s malicious, and in others, it could be somebody seeking a financial payment. You may even have lent your computer to somebody, and they downloaded, produced or distributed the indecent images using your equipment.
Without a lawyer, you cannot find out more until the interview
You’re very unlikely to be told why you’re being investigated or any other details about the indecent images offence case until you are at the police interview and in a situation where you can be questioned.
Your police interview will be recorded so that any evidence can be played in court.
However, you have the right to access legal advice. It’s essential that you hire an experienced and competent indecent images solicitor to support you and provide you with guidance about how best to handle the case. Once you have engaged a solicitor, they will examine your situation and what’s known about it and then will create a strong defence.
What should you do if you get arrested or charged with an Indecent Images Offence?
Indecent images allegations can have a devastating effect on the lives of anybody who is involved – accused and accuser.
It’s recommended that the first action you take is to hire a indecent images 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 to get you 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, there is likely to have been a search warrant issued so that the law enforcement officers can make a thorough investigation. This includes 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 Indecent Images Offences?
Indecent images offences are considered to be a serious crime. Whether you will need to spend time inside a prison will depend on what the crime is that you are convicted of and how well you are defended in court.
If you are convicted of an indecent images offence, it’s possible that you’ll be handed a sentence of imprisonment as punishment. By taking the right steps, it may be possible to have your case dismissed before it reaches the point of being a trial in court.
We handle indecent images 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 Indecent Images Offences?
Depending on the offence for which you have been convicted, your name may be added to the sex offenders register. Prison sentences range from some weeks to ten years’ imprisonment.
If you engage a indecent images solicitor with experience and knowledge of this area of the law, they will advise you of the expected sentence and the likelihood of a conviction.
Read more about sentencing for Indecent Images offences
Does a conviction for Indecent Images go on your criminal record?
If your 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?
At Stuart Miller Solicitors, all our lawyers exclusively practice in the defence of criminal Offences. We don’t undertake any other kind of work. As one of the largest criminal solicitors’ law firms in the UK, we are proud to be one of the few who only handle criminal defence work. We are trusted and recognised as a firm of specialist sexual offences solicitors, and have provided advice and guidance to journalists reporting in national media press such as BBC and the Independent.
Our team consists of sexual offences solicitors and cybercrime lawyers who specialise in defending indecent image offences. lawyers who are knowledgeable, who are committed to defending those accused of indecent image offences and who will show an understanding of your circumstances without passing judgement.
Our lawyers will talk you through the entire process, guide you on your rights concerning the seized property and assist you fully during your time at the police station when you will be interviewed. Being specialists in indecent images offences, our specialists will offer you advice tailored to your needs, objectives and circumstances.
If we identify early weaknesses in the police investigation, we will do our best to try and prevent the proceedings reaching court.
Whether you are accused alone or as part of a network of offenders, our specialist lawyers will work alongside some of the best Barristers in the UK to devise an effective defence strategy for you. We will study weaknesses in the prosecution’s case, we will challenge inadmissible and unlawfully obtained evidence. We will listen to your side of the story very carefully and gather any evidence to support your account.
The prosecution will use expert analysis of any technological equipment in your possession and it will be our role to establish a full and accurate explanation as to why you have them. However, complexities and developments in electronic devices often yield vital legal or factual arguments that can win a case. We will engage mobile phone, computer and cyber experts to test the prosecution’s evidence to find any anomalies to support our defence case.
Our cybercrime lawyers understand the importance of trust between lawyer and client. At a difficult and emotional time such as this, you need an expert solicitor whom you can trust to give you the best advice and maximise your chances of success. You will require someone who understands the implications of such allegations and can put your case forward in an appropriate manner. You also need to be able to speak to your solicitor with honesty and know that you can trust them to instruct defence experts with the appropriate knowledge and skill to help win your case.
Arrest & Interview
At the outset of an investigation of this nature, it is commonplace for the police to seize all of your electronic devices for analysis. We understand you will feel a sense of embarrassment with such levels of intrusion into your privacy. They may be seized for weeks, months and sometimes even longer. In this day and age where people rely heavily upon technology we understand you may feel at a loss without them.
It is essential you contact our team of indecent image solicitors the moment you become aware an investigation is imminent or underway. Not only can our team prepare you for what can be a lengthy and gruelling process, once the investigation is underway we can put pressure on the police to conclude their investigation as quickly as possible. Our indecent image solicitors provide representation throughout police interviews and at all stages of the court process.
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 possession of 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 are able to 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 are able to 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 are able to check which websites were running simultaneously at the time of the download to see if the user can be identified. Our indecent images solicitors will believe in your case and ensure all realms of possibility are explored when defending your case. 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.
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.