Anyone unwittingly receiving an indecent image should act quickly to ensure that the law is observed and to avoid potential prosecution similar to that outlined below.

Suki Randhawa of Kangs Solicitors outlines the circumstances.

The Circumstances | Kangs Solicitors Indecent Images Defence Team

  • On Friday 13 March 2020, a decorated Metropolitan Police Officer was dismissed without notice following an unblemished career spanning thirty six years with the Metropolitan Borough Police Force, following a conviction for possessing an indecent image of a child. 
  • The image was sent via WhatsApp to the Officer, and several other people, by her sister who was concerned about the images being circulated in the public domain.  At no time was there a suggestion that the message had been sent for any other motive.
  • The offence charged was one of possession of an indecent image and also failing to report the sender.    
  • The Officer contended at Court that she was not aware of the contents of the image and, furthermore, had not requested or solicited the same.    

The Law | Kangs Sexual Offences Defence Lawyers

  • If a person is knowingly in possession of such an image, an offence has been committed. 
  • A specific defence is provided by Section 160 of the Criminal Justice Act 1988 which states:

“It is a defence if …. the photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time”.

The Outcome | Kangs Sexual Offences Advisory Team

  • The Judge commented that it was a grave error of judgement to have taken no action upon receipt of the image given that, because of her experience as a Police Officer, she knew that it was imperative to act to safeguard the very young child subjected to the abuse. 
  • It would appear that had the Officer either deleted the images or made a report to the Police within a reasonable time, a defence would have been available to her but that taking neither course of action led to her conviction by the jury which, clearly,  did not accept her defence.  

How Can We Help? | Kangs National Sexual Offences Defence Solicitors

The Team at Kangs Solicitors possesses a wealth of knowledge and experience in assisting clients accused of all aspects of sexual offending.

It is of upmost importance that you instruct experienced solicitors from the moment you are aware of such allegations being made and that you are accompanied by a solicitor at interview.

We provide a discreet and confidential service.

To discuss any allegation in relation to indecent images or any other sexual offences, please feel free to contact our team through any of the following:

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

Helen Holder
hholder@kanngssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 0161 817 5020

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396