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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Revenge Porn

    The Legislation

    Section 33 of the Criminal Justice and Courts Act 2015 provides that:

    (1) It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made:

    • without the consent of an individual who appears in the photograph or film, and
    • with the intention of causing that individual distress.

    The Offence In Detail

    A person will only be guilty of the offence if the reason, or one of the reasons, for disclosing the photograph is to cause distress to the person depicted in the photograph or film.

    Anyone who passes on, without consent of the depicted individual,  any such photograph or film, such as by, for example,  re-tweeting would be committing an offence if the purpose, or one of the purposes, was to cause distress to that individual.

    Anyone who passes the message on simply because he or she thought it was funny, and without any intent to cause distress, would not be committing the offence.

    The offence applies to any kind of disclosure of private sexual photographs or films such as, for example:

    • uploading images on the internet,
    • sharing by text or e-mail, or
    • showing someone a physical image.

    The offence applies equally online and offline and to images which are shared by electronic means or in a more traditional way.

    The photograph or film has to be private and sexual and could include:

    • an image depicting an individual’s exposed genitals,
    • a picture of someone who engaged in sexual behaviour or posing in a sexually provocative way, if what is shown is not of a kind ordinarily seen in public.

    An image of exposed genitals or pubic area would automatically be regarded as sexual because this part of the body is considered to be so intimate.

    Photographs or films depicting other types of nakedness or areas of the body would be caught by the offence if they meet the definition of private and sexual.

    What Defences Are Available?

    The following defences may be available where:

    1. the photograph or film is only disclosed to the individual who appears in it;
    2. the disclosure was necessary for the investigation, prevention or detection of crime;
    3. the material was disclosed in the course of the publication of journalistic material so long as the person concerned reasonably believed that the publication was in the public interest;
    4. it is reasonably believed that the material was previously disclosed for reward and that there is no reason to believe that the reward was made without the individuals consent;
    5. the disclosure of a photograph or film was not made with the intention of causing distress even though that was a natural and probable consequence.

    The Court Procedure

    The offence is triable ‘either way’ which means that it can be dealt with either before a Magistrates’ Court or the Crown Court where the maximum sentence is two years imprisonment.

    Who Can I Contact For Advice & Help?

    It is imperative that you instruct an experienced solicitor as soon as you are made aware of an allegation being made.

    Crucially, it is always important to have a solicitor present in interview at the police station whether it is an interview by appointment or under arrest.

    To discuss any allegation of a sexual offence please contact:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    Helen Holder
    hholder@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

    Fran Murray
    fmurray@kangssolicitors.co.uk
    020 7936 6396 | 07989 521210

    Cagin Husnu
    chusnu@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

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