The offence of making an Indecent Image includes but is not limited to;
Downloading an indecent image on to a device such as a PC, tablet or mobile phone
Accessing a website where indecent images appear as ‘pop-ups’
Opening an email attachment which contains an Indecent Image
Many of our clients will tell us ‘but I didn’t make any images’ with an obvious level of confusion. In the majority of cases, making an indecent image does not mean you have taken a photograph yourself or recorded the video yourself. In such cases, the charge would more commonly be production of indecent images. The offence of making indecent images was predominantly created to cover the act of downloading an indecent image, i.e. reproducing it.
Despite the requirement for the prosecution to prove a deliberate and intentional act, due to the wide interpretation of the word ‘making’, many individuals with no knowledge of the existence of the indecent image are arrested and subjected to a lengthy investigation before their lack of knowledge becomes apparent. Even indecent images that are ‘cached’ within a device’s memory or remain in unallocated space following deletion can cause individuals to fall foul of the law.
Making indecent images is the most serious of the indecent images offences. More often than not, the whole process can involve lengthy and complicated police investigations, and this can leave you feeling terrified and overwhelmed. It’s a time when it’s critical that you engage a criminal solicitor to guide you and represent you both in the police station and at court.
The Protection of Children Act defines the production of an indecent image as “the taking or making any image at source, for instance, the original image”. It is a grave offence for which custodial sentences are highly likely.
These cases can cause sleepless nights, anxiety and horror.
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. Alternatively, you can call us on 0208 888 5225.
Have you been charged or arrested for Making indecent images?
If you or somebody close to you has been charged or arrested in connection to a making indecent images case, there’s no doubt that you will probably be feeling very 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. However, whatever your circumstances it can be very 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 will think of you.
What happens in a Making indecent images Investigation?
You’ll typically discover that you’re being investigated for the production of 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.
When a making indecent images investigation takes place, it can be a very worrying time. You may worry about your reputation, your job, that you won’t be able to cover your bills or have enough food for your family to eat. Everything feels very unstable and uncertain.
You may have been falsely accused of making indecent images
Please also note that in many cases, people are wrongly accused of making 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 who is 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 much about why you’re being investigated or any other details about your making indecent images offence case until you are at the police interview and in a situation where you can be questioned and your answers will be on the record.
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 to hire an experienced and competent making 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.
Instruct a legal professional as soon as possible
If you are being investigated or you have been charged, it is imperative that you seek early advice and guidance to protect your position. The best approach to take now is to engage a legal professional who has experience of building a defence for sexual offences, making indecent images and child pornography cases.
What should you do if you get arrested or charged with Making indecent images Offences?
Making indecent images and sexual offences are both in an area of law that can be complicated. It’s also an area of law that 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 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 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, 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 Making indecent images?
The act of making 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 defenced in court.
If you are convicted of the making indecent images offence, it is 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 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 Making indecent images?
Depending on what you are convicted of, your name may be added to the Sexual Offenders Register. Prison sentences range from 3 months to life imprisonment.
If you engage a sexual offences solicitor with deep experience and knowledge of this area of the law, they will advise you of the typical sentence and the likelihood of a conviction.
Does a conviction for Making indecent images go on your criminal record?
If you’re making indecent images investigation and the subsequent case progresses to court and you are convicted, you will be given a permanent criminal record.
How Can Stuart Miller Solicitors Help?
If you are accused of making indecent images, our specialist team of criminal 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 within the realm of 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 criminal solicitors understand that accusations of accused of making indecent images will cause you a huge amount of confusion and anxiety. With so much negative press surrounding sexual offences, it is understandable you will fear 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 judgement. All our criminal 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.
How we can help
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.
If you are accused of making indecent images and you seek a specialist criminal defence solicitor who defends these cases daily, please contact us and ask to speak to our 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 at the bottom banner if you open this page on your mobile phone device.
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 recategorise 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. 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.
Book a free consultation with an Indecent Images 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 at the bottom banner if you open this page on your mobile phone device.
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 sexual offences 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 child pornography lawyers and sexual offences solicitors to arrange a meeting in person, online or by telephone. If you prefer, you can WhatsApp us from the link you will find at the bottom banner if you open this page on your mobile phone device.
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