Indecent Images Case Studies

Recent Indecent Images Case Studies

BSQ has an impressive track record of securing successful outcomes for clients accused of indecent images offences in police investigations and prosecutions. In the course of our work we have encountered almost all the commonly occurring scenarios where these type of offences are committed. A selection of case studies are included below.

Client H: IT Professional Accused of Downloading Indecent Images

Client H came under the scrutiny of a police investigation after authorities received intelligence suggesting that someone at his residence had accessed illegal material, based on information provided by his Internet service provider.

Subsequently, law enforcement officers conducted a search at H's residence and confiscated his digital devices. These devices were later subjected to examination, leading to the production of an initial Streamlined Forensic Report or SFR1. Notably, the SFR1 only provided a basic analysis of H's digital activities but did indicate the presence of unlawful material. As highlighted in a recent BSQ blog, SFR1 reports often offer a rudimentary analysis of a computer user's digital footprint.

Further investigations conducted by BSQ revealed doubts as to whether H had intentionally and knowingly accessed the illegal material discovered. After drafting a defence case statement, which was submitted to the Crown Prosecution Service (CPS) at the Crown Court, the CPS conducted a thorough review of their decision to prosecute, considering BSQ's representations. Ultimately, the Crown decided to withdraw the case and offer no evidence against H.

H, an IT professional, maintains his unblemished character. This outcome reaffirms H's initial stance during police questioning, where he consistently denied knowingly accessing illegal material.

Client J: A Student Accused of Possession of Illegal Images

Client J, a university student, faced accusations from the police of possessing illegal images downloaded from various social media applications. Following the seizure of J's phone, the police conducted a cursory analysis of his hard drive.

BSQ partner Roger Sahota presented detailed written representations to the CPS, highlighting weaknesses in their case with supporting evidence challenging the grading of certain images which were said, in our submission to feature models who could just as easily be 18 years or over, as under. A decision was later made by the CPS to take no further action against J.

Client X: Businessman Accused of Possession of Indecent and Extreme Images

Client X's case was taken over by BSQ after he approached the firm, opting to change his legal representation just two months before his trial. X faced charges related to the possession of a small number of illegal images falling under Categories A and C, as well as extreme material. These images were discovered during a police forensic examination of his mobile phone, and they had been transmitted within a multiuser WhatsApp thread.

The decision to charge X was based on the findings of a police Streamlined Forensic Report ("SFR1"), which concluded that illegal material had been distributed via this thread. Unfortunately, as is often the case, the police did not conduct a comprehensive analysis of X's digital footprint when compiling this report.

X informed BSQ that he had no recollection of ever viewing any illegal material on his device. If accurate, this explanation could provide him with a defence, asserting that he was not knowingly in possession of illegal material. Notably, X had not been advised of this defence strategy by his previous legal representatives. Upon further scrutiny of the device, BSQ's inquiries revealed no evidence suggesting that X had ever viewed or accessed any of the illegal images distributed within the WhatsApp thread.

Other Case Studies

See our blog for other examples of cases where BSQ have secured successful outcomes after our intervention. See links to cases below including allegations that illegal material was accessed via:

• google groups (pre-charge discontinuance)

• whatsapp threads (case discontinued)

• kik messenger (pre-charge discontinuance)

• Peer to peer torrent sites (case discontinued)

• The dark net (case discontinued

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.