What is the sentence for indecent images?
The indecent images offences have a statutory maximum of five years’ imprisonment for possession of images and 10 years’ imprisonment for the distribution, taking or making of such images. Sentences passed for an offence cannot be higher than the statutory maximum.
What is the minimum sentence for possession of indecent images?
The minimum sentence for the possession of indecent images is a high-level community order for a case involving Category C images. For Category B images, sentences start at 26 weeks’ custody, and for Category A, 1 year’s custody.
What are the levels of indecent images?
Assessment Levels
| Category | Description |
|---|---|
| A | Images involving penetrative sexual activity; images involving sexual activity with an animal or sadism. |
| B | Images involving non-penetrative sexual activity. |
| C | Other indecent images not falling within categories A or B. |
What does the charge making indecent images mean?
A person is to be regarded as distributing indecent photographs or pseudo-photographs if he parts with possession of it to, or exposes or offers it for acquisition by, another person (s. 1(2) of the PCA 1978).
What is a Category 3 Offence?
Category 3 offence – a summary offence only, attracting a term of imprisonment of up to six months and a “Class A fine” (or both); and. Category 4 offence – also a summary offence only, punishable by the imposition of a Class A fine.
Is making and distributing indecent images an Offence?
Distributing indecent images This is termed a ‘strict liability’ offence, albeit there are statutory defences which need special consideration and are a topic in their own right. Statutory defences apply to the individual circumstances of a case and often go to the heart of what the accused knew or was aware of.
What do I do if I receive an indecent image?
For accidentally receiving indecent images, your case may go to the Magistrates Court but sometimes the Magistrates Court will refer your case directly to the Crown Court. In either situation, you’ll need to instruct a solicitor if you haven’t already done so to build you a robust defence.
What is a Category 4 offence?
Category 4 offence An offence listed in Schedule 1 to the Act (for example, murder and manslaughter). Jury trial in the High Court. In some circumstances the court could order that the trial be conducted by a judge without a jury (long and complex or juror intimidation).
What is a Category 4 crime?
Category 4 offences: Very serious crimes These are the most serious offences, including murder, manslaughter, torture and terrorism offences. They’re dealt with in the High Court. Usually there’ll be a jury trial, but a judge-alone trial can be ordered in some cases.
Can you go to jail for sending pictures UK?
Under the Protection of Children Act 1978 and the Criminal Justice Act 1988, taking, possessing, or sharing sexualised images of any person under the age of 18 is a criminal offence. In the UK it is not only an offence to take an indecent image of a minor, but also to possess one or to distribute it.
How long does an investigation into indecent images take?
Each of these agencies, and every police force, has a significant backlog of cases to get through. It may take more than six months for your case to be reached. 4. If indecent images are discovered on your devices then you will almost certainly be charged and bailed to attend court.
What’s the maximum sentence for indecent images of children?
or wider obscene publication offences where children are not depicted in the images. The indecent images offences have a statutory. maximum of five years’ imprisonment for possession of images and 10 years’ imprisonment for the distribution, taking or making of such images.
How old do you have to be to be charged with indecent images?
The indecent images offences have a statutory maximum of five years’ imprisonment for possession of images and 10 years’ imprisonment for the distribution, taking or making of such images. Sentences passed for an offence cannot be higher than the statutory maximum. The definition of ‘child’ for these offences is anyone under 18 years of age.
Is it incitement to distribute indecent images of children?
The placing of an order in response to an advertisement offering the supply of indecent photographs of children did amount to incitement to distribute such images under common law despite the willingness of those making the offer to supply them ( R v Goldman [2001] EWCA Crim 1684).
What are indecent images of Children Act 1978?
indecent photograph or pseudo photograph of a child, Protection of Children Act 1978 – section 1(1) These offences relate to photographs or ‘pseudo’ photographs of children. This covers photographs (including moving images) and also images made, for example, on a computer but which look like real photographs.