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.
Under section 1 of the Protection of Children Act 1978 it is a criminal offence to ‘make’ an indecent photograph of a child.
The word ‘make’ was added in 1995 to deal with of the reproduction of indecent material on the Internet. It means ‘to cause to exist, to produce by action, to bring about’.
Therefore, downloading an indecent image onto a disc or printing it out from a computer involves the ‘making’ of an indecent image. However, the word ‘make’ has been widely interpreted by the Courts.
An intention on the part of the maker to store and / or be able to retrieve the indecent image in question is not required. Therefore ‘making’ also includes:
- Opening an attachment to an email containing an image
- Downloading an image from a website onto a computer screen;
- Storing an image in a directory on a computer;
- Accessing a website in which images appeared by way of automatic “pop-up” mechanism
However in all cases the act of ‘making’ must be a deliberate and intentional act, done with the knowledge that the image made is, or is likely to be, an indecent photograph or pseudo-photograph of a child. So, for example, in a ‘pop-up’ case, it would have be to be proved that you knew that accessing a website would generate ‘pop-ups’ and that those ‘pop-ups’ would depict, or be likely to depict, indecent images of children.
As such the first question in all these cases is did you have the requisite knowledge? Otherwise you may have a defence to the charges you face.
If you have been contacted by the police or you are due to attend court in relation to allegations of making indecent images in is vital that you receive expert advice from a specialist indecent images solicitor without delay.
We will give you an accurate an honest assessment as to the strength of the case against you and your options. We guarantee that this will maximise your chances of getting the best possible outcome.
Call us now to receive initial free and confidential advice from an expert indecent images solicitor. Our lines are open 24/7