BSQ Indecent Images Blog – JUSTICE Working Group Recommends New Conditional Caution Diversion Scheme

JUSTICE, the all-party Law reform and human rights organisation, has released its report on the prosecution of sexual offences. The report recommends the Government introduce a new conditional caution scheme for offenders accused of accessing indecent images.

BSQ welcomes the working party’s recommendations which we believe will provide an intervention that is as effective as the current post-conviction sentencing regime. As noted in an earlier BSQ Briefing while some conditional caution diversion schemes are in place across the country their implementation is patchy and inadequate.

The JUSTICE report notes that there are hundreds of indecent images referrals to the police every month. If adopted the proposed scheme will result in many of these cases being diverted away from court, avoiding the necessity and expense of a prosecution. It will also remove the stigma of a conviction for low level offenders who do not pose any significant risk of contact offending.

Interestingly, the JUSTICE report notes that it is the “teachable moment” when the

“shock of the arrest and of the confirmation that what they are doing is harmful or wrong that causes these individuals to stop offending.”

JUSTICE recommends that anyone accused of an indecent image offence should be assessed on or after arrest at the police station. The scheme should only be open to first time offenders or those with convictions for non-violent non-sexual offences who admit their guilt. Anyone accused of manufacturing or distributing indecent images is excluded. Participants would have to attend five counselling sessions over a period of four months with a follow-up session 8 months later. On completing the scheme successfully they would not be prosecuted.

Although a criminal conviction would be avoided, participation in the scheme would still be disclosed on an individual’s enhanced DBS check.

JUSTICE envisages that suitably qualified bodies would tender to administer the scheme and after a three-year pilot it should be re-evaluated.

At the time of writing, sadly there is no indication from the Government that these sensible and practical proposals are under consideration.

You can read more about our expertise in defending individuals accused of sexual crimes here.

If you require advice or assistance in relation to an indecent images allegation please contact our London offices for a confidential consultation.