Deleted Files in Indecent Images Prosecutions

In the course of our work BSQ is commonly asked by clients whether or not the police will be able to retrieve data from files which have been deleted from the users computer, phone or hard drive.

It is often a surprise for clients to learn that when a user deletes file on a computer, it does not disappear immediately permanently. There is often a possibility that the data can be recovered using specialist file recovery tools.

Instead of permanently deleting a file, the operating system may relocate the file to another part of the hard drive where it will remain until it is overwritten by new data. The exact process will depend on the operating system and the file system in use. It will also vary according to the type of hard drive or device in operation.

Examples of different processes include:

• Moving the file to the recycle bin in Windows or the trash bin on the Apple OS. these These are essentially holding areas for files before they are permanently removed.

• Emptying the trash bin or recycle bin can mean that the operating system marks the space occupied by the deleted files as available for new data. However, the actual data may still remain on the hard drive until it is overwritten.

• Overwriting data. When a user a creates a new file or modifies an existing one, the operating system may overwrite a file deleting all the data contained permanently.

Defences in Deleted Images cases

In certain situations a user can have a defence to a charge of possession of an indecent image featuring a deleted image if the Crown cannot show the user had the specialist knowledge to be able to retrieve such material. See our guide on how our solicitors defend Indecent Images cases.

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

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.