Huw Edwards – BSQ Briefing

At BSQ, we specialise in defending individuals in cases involving indecent images. In recent years, we've handled more than fifty such cases.

This briefing note examines the recent high-profile prosecution of BBC News presenter Huw Edwards for offences related to indecent images.

Background

On July 31, 2024, Huw Edwards pleaded guilty to three offences of "making" indecent images at Westminster Magistrates Court. These charges stem from 44 illegal images sent to him via WhatsApp by a man named Alex Williams. Most of these images were sent between December 2020 and August 2021. Williams, who earlier pleaded guilty to possessing and distributing indecent images, received a 12-month suspended sentence on March 15, 2024.

Mr. Edwards is set to be sentenced on September 16, 2024, and has been released on bail until that date.

Understanding Category A, B, and C Illegal Images

Mr. Edwards was convicted of "making" 7 Category A, 12 Category B, and 22 Category C indecent images. The Sentencing Guidelines Council classifies these images into three categories based on their severity:

• Category A: Images involving penetrative sexual activity, sexual activity with an animal, or sadism.

• Category B: Images involving non-penetrative sexual activity.

• Category C: Indecent images that do not fall into Categories A or B.

For more details, see our FAQ on Categorisation.

The "Making" Offence

The term "making" in legal terms doesn't imply producing or filming an image. Instead, it refers to actions leading to the creation or storage of illegal images on a digital device. Activities considered under this offence include:

• Opening an email attachment or WhatsApp message containing an indecent image.

• Downloading an indecent image onto a disc or printing it.

• Storing an image in a computer folder.

• Accessing pop-up messages containing indecent images on a website.

• Viewing an illegal image on a website, with evidence often found in automatically cached images.
  

In Mr. Edwards' case, the "making" charge could be justified if he received and viewed the images sent to him via WhatsApp. If these messages were opened, they could show as 'seen' on the Whatsapp application potentially implicating him.

WhatsApp also has a feature that can automatically save photos and videos received to the user's camera roll, meaning the images would be stored on the device without further action from the user.

Under Section 1(1)(a) of the Protection of Children Act 1978, "making" an indecent image is criminalized.

The Guilty Mind Requirement

To prove the offence of making indecent images, as well as howing that a user had accessed illegal images the prosecution must show that the offender had the necessary "mens rea" or "guilty mind." This requires evidence that the images were deliberately and knowingly sought by the device user. This can be established through evidence of manual interaction with the illegal imagery, such as receiving and viewing the images repeatedly over time.

In Mr. Edwards' case, it's unclear from media reports how this requirement was met. However, if there was evidence of a pattern of behaviour indicating he viewed and/or sought out illegal material, the "guilty mind" requirement would be satisfied.

Mr. Edwards' Explanation

Potential defences in these cases include showing that the images were unsolicited and not sought after. So Mr Edwards could have had a defence if he could show that he did not ask for the images and deleted them after viewing them. This defence would be difficult to establish where a user receives and views images on multiple occasions.

In court, Mr. Edwards' counsel argued that he did not keep, forward, or seek similar content from other sources. This explains why he was not charged with distributing the images, which is a separate offence.

However, Mr. Edwards' guilty plea suggests he accepted that there was evidence he deliberately and knowingly accessed the illegal images. It was not denied that Mr. Edwards viewed the images or received them over an extended period, as reflected in the charges.

Sentencing

Before the sentencing hearing, the court ordered a probation report, which will be based on an interview with a probation officer. This report will assess various factors, including Mr. Edwards' attitude towards his offending, the risk he poses to the public, and the likelihood of reoffending. The report will offer recommendations for sentencing, which could include a community order or a suspended sentence.

We will provide further insights into the potential sentencing outcomes for Huw Edwards in the second part of our media briefing, to be published before the September 16 hearing.

You can find more information about our indecent images solicitors defence services, see our practice page.

If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.