Types of Offences
McMillans represent clients for every type of indecent image offence.
Below is a list of the most common with links to what the prosecution are required to prove and other useful information:
Making Indecent Images
By far the most common offence that we deal with in relation to indecent images is the offence of making an indecent image of a child.
Possession of Indecent Images
Under section 160 of the Criminal Justice Act 1988 it is a criminal offence for an individual to have possession of an indecent photograph or pseudo-photograph.
Pseudo Photographs
The term pseudo photograph is often included in a bail or charge sheet and is often not understood by clients (or indeed police officers and prosecutors!). Essentially the term pseudo photograph was brought in and added to the legislation to deal with computer technology including CGI.
Distribution of Indecent Images
An individual is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.
Possession of Extreme Pornography
The offence of possession of extreme pornographic images in sections 63 to 67 of the Criminal Justice and Immigration Act 2008 came into force on 26 January 2009.
Possession of Prohibited Images of children
Section 62 of the Coroners and Justice Act 2009 creates a new offence of possession of a prohibited image of a child, punishable by up to three years’ imprisonment. This offence, came into force on the 6 April 2010.