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Understanding the Law on Sharing and Distributing Indecent Images and Available Defences

Sharing and distributing indecent images is a serious criminal offence in the UK under the Protection of Children Act 1978 and the Criminal Justice Act 1988. This includes the distribution or transmission of indecent images of children via digital or physical means, such as sending them through social media, email, or other online platforms. Convictions can result in imprisonment, placement on the Sex Offender Register, and severe long-term consequences for both personal and professional life.

At Allen Hoole Solicitors, we have vast experience in defending individuals accused of sharing indecent images. Given the technical nature of these cases, especially those involving digital material, expert forensic analysis is often necessary. We have successfully defended clients whose cases involved indecent images found in unallocated clusters on their devices, meaning they may not have been aware of the images’ existence or have ever intentionally accessed or shared them. As one of the largest firms in the South West of England, our access to leading specialist barristers and experienced solicitor advocates gives us a strong advantage in these cases.

The Legal Framework for Sharing Indecent Images

Under UK law, sharing indecent images of children is illegal, whether the images were sent knowingly or not. The law defines "indecent images" as those which are explicit in nature and involve children under the age of 18.

Examples of activities that constitute sharing indecent images include:

  • Sending or receiving indecent images via messaging apps or email,
  • Sharing images on social media platforms or websites,
  • Distributing or transmitting images physically, such as in printed form.

The law classifies indecent images into three categories (A, B, and C), with Category A being the most severe. Penalties depend on the nature of the offence and the category of the images involved, with possible outcomes including:

  • Fines,
  • Community orders,
  • Imprisonment (up to 10 years for the most serious cases).

Available Defences for Sharing Indecent Images

At Allen Hoole Solicitors, we focus on developing robust defences tailored to the circumstances of each case. Some of the most common and effective defences include:

Unintentional Sharing or Lack of Knowledge

One of the key elements in a charge of sharing indecent images is proving that the accused knowingly shared the images. In some cases, people may unknowingly send or store indecent material. For instance, images may be found on unallocated clusters of a hard drive—areas where deleted files or temporary data reside. These images may not have been accessed or viewed by the user, but they still exist on the device. We work with forensic digital experts to analyse how the images were stored and whether the defendant had knowledge of their existence.

Accidental Distribution

In certain cases, images may be shared accidentally, for example, when multiple files are sent simultaneously without the user knowing that an indecent image was included. We assist clients by investigating whether the sharing was truly accidental and presenting evidence to support this in court.

Virus or Malware Contamination

In some cases, malware or viruses can infect a device and automatically download or distribute illegal material. In these instances, the accused may not have had any control over the distribution. Our team collaborates with forensic IT specialists to determine whether malicious software was responsible for the presence or sharing of indecent images on a device.

No Intent to Distribute

If it can be demonstrated that the defendant had no intent to distribute or share the images, this can form a robust defence. For example, if the images were sent without the defendant's knowledge or intent, we argue that they were not involved in the active sharing of the material.

Mental Health or Learning Disabilities

In some cases, individuals facing these charges may have mental health issues or learning disabilities that impair their understanding of their actions. We work with leading psychiatric and psychological experts to assess the defendant’s mental state and capacity to form intent, which can be essential in building a defence or reducing the severity of the charges.

The Role of Digital Forensics

In cases of sharing indecent images, digital forensics is often the key to uncovering the truth. At Allen Hoole Solicitors, we work with leading forensic experts to:

  • Recover and analyse data from computers, mobile phones, and other devices,
  • Examine the metadata of images and communications to determine when and how files were shared,
  • Identify whether images were stored in unallocated clusters or downloaded without the defendant’s knowledge.

This forensic analysis is crucial in proving a lack of intent or unawareness in these cases.

Why Choose Allen Hoole Solicitors?

As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors has a wealth of experience defending individuals accused of sharing indecent images. Our team of highly skilled solicitor advocates and access to the best specialist barristers allows us to provide top-tier legal representation. We also collaborate with leading digital forensic experts to thoroughly investigate every aspect of the case and present a strong defence.

If you or someone you know is facing allegations of sharing indecent images, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring that your rights are protected throughout the legal process.