Question 1

Will I go to prison for indecent images?

Accepted Answer

Prison is a possibility in an indecent images case, but where a client pleads guilty, many cases result in a non-custodial sentence such as a community order. Defendants may be required to do a course with probation officers, and may have to agree to not use the internet at home, or not have unsupervised contact with minors for a number of years. These are possible outcomes, not guarantees. Prison may be more likely where there are images in the hundreds or thousands, where those images are of a high category of seriousness, or if they have been shared with others

Question 2

Will I be on the sex offenders register?

Accepted Answer

A person convicted of a sexual offence will usually find that they have to sign the sex offenders' register, but this is not a database that the public has access to.

Question 3

What is the sex offenders register?

Accepted Answer

The sex offenders' register is a record held by police of your name and current address. Being on it means that you have to notify the police if you move house or if you travel abroad. It doesn't give your neighbours or other people an automatic right to know about a criminal conviction.

Question 4

If I have a problem where can I get help?

Accepted Answer

If you need counselling or help with internet or porn addiction we would recommend having counselling. You should ask any counsellor so you are sure of your right to confidentiality if you disclose any offences to them. Some advice lines such as Stop It Now make it clear that they will pass on any information relating to offences you say you have committed.

Question 5

When will I get my computer/phone/devices back?

Accepted Answer

If you are suspected of an indecent images offence, the police will keep all electronic devices which belong to you at least until they have been checked for indecent images, and probably until the case is over. If the police have told you that you'll get your items back in a few days or weeks, this is usually a lie. Occasionally they will prioritise work items or items which belong to someone else. This is the exception rather than the rule.

Question 6

They have taken items of a family member - when can I get them back.

Accepted Answer

The police do not have a right to keep items belonging to other people if those items have no connection to you. They should be returned. Your indecent images solicitor should assist you with getting them back.

Question 7

How long does an indecent images case last?

Accepted Answer

These investigations are notoriously slow. It can take longer than a year to find out if you are going to be charged and several more months before the case has its final hearing in court. Cases where there are children in the house and social services are involved are more likely to be expedited, but this means they will take months rather than weeks.

Question 8

I have been accused of making an indecent image but I haven't made anything.

Accepted Answer

The Protection of Children Act's use of the word 'making' of an image is misleading. 'Making' means viewing an image. You have to have known or suspected that what you chose to view could have been an indecent image to be guilty of the offence.

Our indecent images solicitors don't accept that a seized computer is an open-and-shut case.

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