Will I be arrested for indecent images offences?

Written 6th May 2020 by Lily Grundy

Leading lawyers dealing with indecent images offences 

If you are the subject of a police investigation concerning indecent images, it is important to seek expert help from a firm of solicitors who specialize in these types of offences. It can be a particularly stressful experience facing allegations for possession, distribution and/or production of indecent images and finding essential support at this time can be hugely beneficial.

At Olliers, we have a dedicated images team who have a high level of knowledge and expertise when it comes to dealing with indecent images offences. Our focus is on a pro-active approach, making the effort to liaise with the officer in the case and keep on top of the status of the police investigation. We understand the anxieties associated with being under investigation and make every effort to reassure our clients and advise them accordingly on both the law and the circumstances of their particular case.

You may have already been arrested, taken in to custody and interviewed at the police station for indecent images allegations. Alternatively, you may have had your devices seized by the police during a search at your home address and been made aware of an ongoing police investigation in to your online activity. In these circumstances, you will be waiting to hear whether the police want to interview you.

Will I be arrested for indecent images offences? 

The first stage in the process usually concerns the police attending at your home address with a warrant to search your property. Normally, they will seize any devices they think may be relevant to their investigation and therefore require analysis such as mobile phones, laptops, computers, tablets, hard drives etc.

The police may arrest you at this stage and take you to the police station. You will then be taken in to custody and detained in a cell to wait for interview. It is essential for you to be aware that you are entitled to free and independent legal advice at this stage and should not agree to speak to the police or engage in interview without having first spoken to a solicitor. If you request a solicitor, you will be able to have private consultation with them prior to interview to discuss the evidence the police have gathered and receive advice on how to approach the interview.

What is a voluntary interview?

A voluntary interview is an increasingly common method used by the police when investigating criminal allegations. When attending at your home address with a search warrant, the police may seize your devices and explain that you will be invited for interview at a later date. In the interim, the police will continue with their investigation and send your devices off for forensic examination to determine if any indecent material has been possessed, distributed or produced using those devices.

At this stage, it is key to get a solicitor on board who can get to know your case and liaise with the police officer to set up a voluntary interview on your behalf. Your solicitor will then attend at the police station with you and advise you on the strength of the evidence gathered by the police and how to approach the interview.

Your attendance is of course voluntary as you are not under arrest in these circumstances. You have attended of your volition and may leave the police station at any time unless you are arrested. The interview is still under caution and will be recorded in the same way as if you had been arrested. You will not be detained formally in a cell but are instead interviewed quickly upon your arrival at the police station outside the confines of the custody suite.

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