What happens in an indecent images investigation?

An investigation concerning indecent images can be a lengthy process, causing worry and stress to both the individual under investigation and their family. At the outset of an investigation, you would usually expect the police to attend at your address with a search warrant and seize those devices which they wish to analyse for indecent material. They may arrest you and take you to the police station for interview or invite you to a voluntary interview on a set date. It is important to remember that you are entitled to legal advice at this stage and may wish to consult a solicitor. Once devices have been seized, it can take a while for them to be analysed and for the results to be reviewed by the police. It may be that the police wish to re-interview you further down the line if more evidence has become known. For a charging decision to be made the police will send their file to the Crown Prosecution Service who will decide whether: – There is a realistic prospect of you being convicted; and – Whether it is in the public interest to prosecute.

What should you do if you get arrested or charged with indecent images offences?

If you, or a close friend or family member, has been arrested or charged in connection with indecent images offences, you will inevitably be feeling stressed and anxious about what is to come. You may also be concerned about how your friends, family and colleagues will perceive you and feel afraid that the nature of your situation will become public. The details of the investigation against you are unlikely to come to light until you have attended an interview. This is because the police will want to question you under caution and ensure that a record of your answers is obtained. All police interviews are recorded so that a transcript/tape of the evidence can be produced. It is essential that you engage the services of an experienced indecent images solicitor to assist you throughout the investigation. Engaging them at an early stage is imperative, as they will then be on board to protect your interests and liaise with the police on your behalf. They will be able to provide the necessary expertise and support from the outset and monitor the investigation on your behalf. They can also provide guidance as to how best to deal with your case and the steps you can take to mitigate your circumstances.

Can the police search my home?

Having the police search your home and seize your property can be a particularly stressful experience. They can search your home if they have obtained a search warrant authorised by the court. It is common that home searches will be conducted as part of an indecent images investigation. During these searches, devices such as mobile phones, laptops, computers, tablets and hard drives may be seized. The police will then forensically examine these devices to recover any evidence of indecent material upon which they can build their case. They may also request access to email accounts and social media accounts which may have been used to view and share indecent images.

Could I go to prison for indecent images offences?

It is possible for a person found guilty of indecent images offences to go to prison. This does not necessarily mean that if you are found guilty, you will definitely face time in custody. There is in fact a range of options available to the court when sentencing someone who has been found guilty. This range will depend on what category the offence falls in to i.e. the level of seriousness of the material found. On this basis, the court will use a set of guidelines to determine an appropriate sentence. They will take in to consideration both aggravating and mitigating factors which will differ depending on each individual case. Aggravating factors, which can adjust the sentence upwards, may be that the individual has relevant previous convictions, has abused a position of trust or has a large volume of images. On the other hand, mitigating factors could be that the individual has shown genuine remorse and has taken steps to address their behaviour, all of which can contribute to a reduction of sentence. The least serious offences i.e. possession of category C images, are usually dealt with by way of a community order. Otherwise, those of a more serious nature are typically dealt with by custodial sentences, which can range from a number of weeks, for example 26, to a starting point of 6 years’ for the most serious offences. It is important to note that the court will look at each case on an individual basis, taking in to consideration an person’s background, personal circumstances and any applicable aggravating and mitigating factors.

What does released under investigation mean?

If you have been released under investigation, it means that you have been released from police custody without charge but the investigation the matter that you were arrested for is still ongoing. You have no bail conditions or date to attend the police station but you may, eventually, still be charged with an offence.

How long can you be released under investigation for?

There is no time limit for being under released investigation by the police. You will know that you are no longer ‘released under investigation’ if you receive a notice of no further action or alternatively a notice that you are to be charged with an offence. A solicitor may be able to assist you with making enquires with the police as to the progress of their investigation and/or make representations that you should not be charged.

What does making an indecent image mean?

Making’ indecent images is defined as follows “to cause to exist, to produce by action, to bring about” indecent images. The court’s interpretation of ‘making’ indecent images is broad and the following can amount to making indecent images: opening an email attachment, downloading an indecent image, storing an image or accessing a website where an indecent image “pops up”.

Defending Grooming Allegations - Group-Based Child Sexual Exploitation

Name: Legal Advice
Brand: Olliers Solicitors
Rating: 4.8 (401 reviews)

Specialist Criminal Defence Grooming Solicitors – Manchester & London

At Olliers Solicitors, we are nationally recognised for our expertise in defending the full spectrum of criminal offences, with a particular specialism in allegations of a sexual nature. Among the most complex and sensitive of these are allegations involving group-based child sexual exploitation (CSE), often referred to in the media as “grooming gangs.” We act for clients facing court proceedings before the court and those under pre-charge investigation where our priority is to stop the case going to court wherever possible.

We understand that facing such an allegation is one of the most distressing experiences an individual can endure. The emotional toll, reputational damage, and potential legal consequences are immense. Our team of over 25 specialist criminal defence lawyers is here to provide expert, discreet, and compassionate support from the earliest stages of investigation through to trial.

Increased Grooming Prosecutions Expected

In light of the government’s commitment to act upon the 12 recommendations made in Baroness Casey’s national audit on group-based CSE, we anticipate a significant increase in investigations and prosecutions.

In particular, the audit urged national police operation to investigate and prosecute group-based child sexual exploitation across England and Wales. The Home Office is plan this with the National Crime Agency (NCA) and National Police Chiefs’ Council (NPCC), with the NCA leading and coordinating support for local forces.

The operation will start with a review of historic cases, focusing on:

Reports from the past decade not prosecuted, especially those marked “No Further Action” (NFA), aligning with the Home Secretary’s current review.
Police and children’s services records to identify at-risk or exploited children over the last ten years.

The direction of travel is clear: law enforcement agencies are under pressure to act swiftly and decisively.

Why Choose Olliers for Grooming Offences?

Ranked in the Top Tier of both the Legal 500 and Chambers UK for criminal defence.
Eight-time winners of the Manchester Legal Awards – Crime Team of the Year.
A dedicated team of over 25 criminal defence specialists, many of whom are recognised leaders in their field.
Extensive experience in defending complex, high-profile, and sensitive cases, including those involving allegations of grooming and group-based CSE.

A Sympathetic and Strategic Approach

We recognise the stress, anxiety and stigma that accompany allegations of this nature. Our approach is both strategic and supportive. We work tirelessly to protect your rights, challenge the evidence and ensure that your side of the story is heard.

From the moment of arrest or notification of investigation, it is crucial to have expert legal representation. Early legal advice can make a significant difference to the outcome of your case.

Contact Olliers Solicitors Today

If you are facing an investigation or allegation relating to grooming or group-based child sexual exploitation, it is essential to act quickly. Contact Olliers Solicitors today for a confidential consultation with one of our specialist lawyers.