How to Defend Indecent Images Charges

In cases involving indecent images, whether you have a defence will hinge on the specific circumstances of your case. At BSQ, as experts in indecent images cases, we assess the evidence put forward by the Crown and provide you with a comprehensive analysis to determine whether any technical or legal defence that may apply to your situation.

As you will see from our Indecent Images Case Studies – Recent BSQ Acquittals we have a strong record of securing acquittals and discontinuances in indecent images cases.

What Defences Apply?

What defence you can rely on will depend on what charges you face. Different defences apply to the “making” an indecent image offence and the “possession” offence. You can read more about the differences between these two offences in our FAQ’s on The Main Offences – the Making, Possession and Distribution of Indecent Images. You should take legal advice as to the specific defences that apply in your case.

The Main Defences

Here is a broad summary of the seven main defences that can arise when facing allegations of making or possessing illegal images:

•  Lack of Awareness: If you can demonstrate that you were unaware of the presence of indecent images on your devices, it could serve as a defence. This could arise if you accidentally viewed an image or accidentally downloaded an illegal file from a torrent site. In some situations, the Crown may not be able to prove you acted knowingly and deliberately so as to satisfy the legal definition of the Making offence for example. See our FAQ: Case Studies for examples of cases where we have successfully represented clients who have been wrongly prosecuted when they had no knowledge of the illegal material on their devices.

•  Receiving Unsolicited Photographs: If you received indecent images unsolicited and can prove that you did not seek or request them, this may be a viable defence. See our FAQs on Whatsapp and Chatrooms: The Dangers of Unsolicited Images

•  Age of the Depicted Child: For a charge of "making," it must be established that the image depicts a child under the age of 18. The jury will decide whether any child in the image is indeed under 18.

•  Indecency of the Image: The determination of whether an image is indecent or not is for a jury's to determine. See our FAQ’s on The Age Threshold in Indecent Images Cases

•  Lawful Reason for Access: In certain specified circumstances, there may be a lawful reason to access illegal material, such as being involved in criminal proceedings or acting for the purposes of preventing, detecting, or investigating a crime.

•  Legitimate Reason Defence: If you can provide a legitimate reason for accessing illegal material and had no prior knowledge or reason to suspect that the material was indecent, this defence might apply.

• Legitimate Research Defence: If you were conducting legitimate research that required viewing such material, this defence may be considered, but the necessity for viewing such material will be important.
  

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.