Whenever a defendant pleads guilty or is found guilty of a criminal offence they will have to attend court for a sentencing hearing.

At that sentencing hearing the court is obliged to have regard to the ‘sentencing guidelines’

Sentencing guidelines help make sure that judges and magistrates in courts across England and Wales take a consistent approach to sentencing.

The sentencing code states that the courts must follow any relevant sentencing guidelines, unless it is contrary to the interests of justice to do so.

They state that for even for possession or downloading a small quantity of Category A material the staring point is a 12 month term of imprisonment (see below)

PossessionDistributionProduction
Category A

 

Starting point
1 year’s custody		Starting point
3 years’ custody		Starting point
6 years’ custody
Category range
26 weeks’ – 3 years’ custody		Category range
2 – 5 years’ custody		Category range
4 – 9 years’ custody
Category B

 

Starting point
26 weeks’ custody		Starting point
1 year’s custody		Starting point
2 years’ custody
 Category range
High level community order – 18 months’ custody		Category range
26 weeks’ – 2 years’ custody		 Category range
1 – 4 years’ custody
Category C

 

Starting point
High level community order		Starting point
13 weeks’ custody		Starting point
18 months’ custody
 Category range
Medium level community order – 26 weeks’ custody		 Category range
High level community order – 26 weeks’ custody		 Category range
1 – 3 years’ custody

These indecent images sentencing guidelines are quite scary when seen for the first time by somebody arrested or charged with an indecent images offence. However, the indecent images sentencing guidelines also provide detailed information and guidance as to the circumstances that would allow a Judge or Magistrates to suspend a prison sentence,  including that there is a ‘realistic prospect of rehabilitation‘, ‘strong personal mitigation‘ and ‘immediate custody will result in significant harmful impact upon others‘.

As such in all cases where a defendant has pleaded guilty to an indecent images offence it is vital that detailed preparation is undertaken to obtain as much background information as possible, character witness statements obtained and a detailed report from a specialist counsellor where appropriate. In those circumstances a detailed plea in mitigation can be made before the court that will maximise a defendant’s chances of avoiding an immediate term of imprisonment.

If you would like some free and confidential advice in relation to the indecent images sentencing guidelines please feel free to call us anytime.