The offences
The Protection of Children Act 1978 covers making, taking, showing and distributing indecent photographs of children, and the Criminal Justice Act 1988 covers possession. ‘Making’ includes downloading. The offences are triable either-way; making or distributing carries up to 10 years and possession up to 5 years’ imprisonment.
Defences
- No knowledge of the images or their presence on a device
- Unsolicited receipt with no intent to keep or distribute
- Legitimate research with appropriate authorisation, in narrow circumstances
- Disputed forensic or device-ownership evidence
Sentencing and notification
Sentences follow guidelines based on the category of the images and the defendant’s role. Conviction triggers notification (sex offender registration) requirements and can result in a sexual harm prevention order.
Frequently asked questions
Yes. Downloading can amount to ‘making’ an indecent image under the Protection of Children Act 1978, which carries up to 10 years’ imprisonment.
Up to five years’ imprisonment for possession; making or distributing carries up to 10 years.
Conviction triggers notification (sex offender registration) requirements, and a sexual harm prevention order may be imposed.