What to Do If You’re Accused of Possessing Indecent Images
A Clear Guide to Defending Yourself Against a Serious Allegation
Being accused of possessing indecent images is one of the most distressing legal situations an individual can face. The implications are serious, and the impact on your career, family and mental health can be overwhelming. Whether you believe the allegation is a misunderstanding or you were unaware of the material on your device, it is essential to act quickly and seek professional legal guidance.
At Nelson Guest & Partners, we have extensive experience defending individuals accused of indecent image offences. Our legal team provides clear advice, robust defence strategies and the support needed to protect your future.
Understanding the Law on Indecent Images
Possessing, making, or distributing indecent images of children is an offence under the Protection of Children Act 1978 and the Criminal Justice Act 1988. The law defines "indecent images" broadly and covers material in electronic, printed or video format.
The three main categories are:
- Category A – Images involving penetrative sexual activity or acts of sadism
- Category B – Non-penetrative sexual activity
- Category C – Other indecent images not falling into the above
"Making" an image can include downloading or opening it on your device. You can also be charged if content was automatically saved or shared without your knowledge, depending on the circumstances.
What Happens After an Allegation Is Made?
These cases often begin with a tip-off to the police, sometimes via national or international agencies monitoring online content. The police may:
- Conduct a dawn raid or seizure of digital devices
- Arrest you or invite you in for a voluntary interview under caution
- Send devices for forensic analysis
- Impose bail conditions or restrictions on internet use
If you are contacted by the police, it is crucial to speak to a solicitor before answering any questions. What you say can influence whether charges are brought and how the case proceeds.
Legal Defence Strategies for Indecent Image Offences
Every case is unique. At Nelson Guest & Partners, we take the time to understand your situation fully before advising on the best course of action. Possible defence strategies may include:
- Lack of knowledge – You were unaware the images were present on your device
- Accidental download – Images may have been downloaded automatically through pop-ups, malware or third-party links
- Shared device – Other individuals may have had access to your phone, laptop or cloud storage
- No criminal intent – The context may show that you had no intention of viewing or saving indecent content
We work with expert forensic analysts who can review your devices and provide vital evidence that may support your defence.
What Are the Potential Penalties?
If convicted, the penalties for indecent image offences can vary depending on the nature and severity of the images and whether you have any previous convictions. Outcomes may include:
- A custodial sentence of up to 10 years for serious offences
- Community orders and rehabilitation programmes
- Registration on the Sex Offenders Register
- Restrictions on employment, internet use and travel
Even if you plead guilty, a solicitor can present mitigation to reduce the sentence. This might include evidence of remorse, early admissions, steps toward rehabilitation or support from mental health professionals.
Why Legal Representation Is Essential
These allegations can be isolating and overwhelming. Without legal support, it is easy to feel powerless in the face of a complex investigation. Our solicitors are experienced in defending digital offences and will ensure that your rights are protected at every stage.
We offer:
- Discreet, confidential advice from the first point of contact
- Representation during police interviews and court hearings
- Access to forensic experts to examine the evidence
- Help with managing the wider consequences of a charge or investigation
If your case involves press interest or reputational concerns, our Private Client Service provides a tailored, discreet approach.
Accused of an Indecent Image Offence? Contact Us Today
Facing a charge of possessing indecent images can feel like your world is falling apart. But with the right legal team, it is possible to defend your name, understand your options and move forward.
At Nelson Guest & Partners, we are here to listen without judgement and act with professionalism and care.