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Possession of Indecent Images
24 Hour emergency 02089868336 |
The law is primarily found in the Protection of Children Act 1978 and the Coroners and Justice Act 2009. It applies equally to pseudo or generated pictures of children. Our approach to representing defendants in these cases is that we are non-judgemental and supportive. Our role is to help the defendant, who often has no prior experience of court get through the process in accord with their instructions.
The law is aimed at the distribution and making of indecent images which carry more severe penalties than mere possession. The age of the individual depicted in the images is crucial; the law specifically protects individuals under the age of 18.
Legislation
Section 1 of the Protection of Children Act 1978 makes it an offence to take, make, distribute, or possess indecent photographs of children. The term “indecent” is not strictly defined but refers to images that are sexually explicit or otherwise inappropriate for minors. The Criminal Justice Act 1988 also addresses the possession of indecent photographs of children. A person commits an offence if they have in their possession or control an indecent photograph of a child, unless they can had a legitimate reason for possessing it. Sentences vary from between up to 6 months on summary conviction to 5 years on indictment. The Coroners and Justice Act 2009 extends the definition of indecent images to include “extreme” images. It is an offence to possess such images the maximum sentence on indictment is 3 years.
Sentencing
As can be seen above the penalties for possession of indecent images vary based on the severity of the offence and the type of images involved. Possession of category A images (the most severe) can lead to significant prison sentences, while lesser categories (B and C) may carry lighter penalties.
The CPS website has a comprehensive and useful page concerning these offences.
Possession of indecent images is subject to strict statutory provisions to protect children and vulnerable individuals. If you or someone you know is facing allegations related to this matter, it is essential to seek legal advice from an expert solicitor in criminal law.
Call Gil or Hugo on 0208 986 8336