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The Protection of Children Act defines the production of an indecent image as “the taking or making of any image at source, for instance, the original image”. It is a grave offence for which custodial sentences are highly likely.

Allegations of this nature will not only have a devastating impact on your reputation, but these may also affect your employment and financial circumstances. We expect you will be very stressed, constantly worried and feel anxious. We can understand your fear of the media and the implications of public knowledge.

Those accused sometimes have to suffer from having the social services involved in gaining access to their own children. There is also the fact that the stigma of committing a criminal offence, can be hard to handle.

We know how traumatic this can be. This is a situation that can affect your well-being and those of others around you. Our firm does not judge, we work only to obtain the best possible outcome of any legal matter. Our trustworthy team understands the importance of diplomatic but tenacious representation and will guide you through the process, ensuring you have the knowledge and understanding you require.

Taking images of children that are indecent, or sexual, showing them, distributing them or publishing them are all illegal acts for which you can be imprisoned.

These cases can cause sleepless nights, anxiety and horror.

We understand the need for you and your family to be advised and informed on how court proceedings work and that such procedures may be unfamiliar to you.

It is for the prosecution to prove the case against you and that it was you who produced indecent images. It is not for you to prove your defence, rather for your lawyers to thoroughly interrogate the prosecution’s case and ensure they really do have the evidence they purport to have and that the evidence withstands the tests of credibility.

It’s crucial to engage with competent sexual offences solicitors as early as possible in the allegations. If you choose not to do so, then the result could be more difficult and challenging for you than it needs to be.

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 Producing Indecent Images?

If you or somebody close to you has been charged or arrested in connection to a producing 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 Producing Indecent Images Investigation?

When a producing 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.

In every case of a producing indecent images offence, the circumstances are different. However, it’s 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 whom you can speak to in the strictest confidence.

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.

You may have been falsely accused of producing indecent images

Please also note that in many cases, people are wrongly accused of producing 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 producing 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 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 important to 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.

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 producing indecent images and child pornography cases.

What should you do if you get arrested or charged with Producing Indecent Images Offences?

Producing 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 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, there 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 Producing Indecent Images?

The act of producing 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 convicted of the producing 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 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 Producing 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 10 years.

If you engage an indecent images solicitor with experience and knowledge of this area of law, they will advise you of the typical sentence and the likelihood of a conviction.

Read more about possible sentences for Producing Indecent Images offences.

Does a conviction for Producing Indecent Images go on your criminal record?

If your producing 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?

Our criminal defence solicitors defend sexual offences on a daily basis. We will always do our absolute best, not just to defend the prosecution but also to advise you on the best way forward for your general well-being. Talking to a specialist will already lighten the load and pressure you will be feeling, but once the defence strategy is put together, certainty as to what direction will help you to manage.

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. Production at source can also mean witnesses may give statements to the police in support of the case against you. From device downloads to witness testimony, our criminal defence solicitors will ensure every part of the evidence against you is scrutinised.

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 producing 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 producing 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 recategorise 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.

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 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 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 contact 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.


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