Facing a police investigation for alleged possession of indecent images can feel overwhelming and isolating. The process often starts without warning, and many people are left unsure about the limits of police powers and how best to respond. This guide sets out the important stages of an investigation and the most important things to bear in mind.
To contact one of our specialist indecent images solicitors, email us at [email protected], or phone us directly on 0333 240 7373. Alternatively send your enquiry through our contact page here.
How Indecent Image Investigations Start
Investigations often begin through technology rather than direct human monitoring. Systems such as Microsoft’s PhotoDNA create a unique digital signature (known as a ‘hash’) for each image, which is compared against a database of known illegal material. Major platforms like Facebook and Kik have used this technology for many years, submitting regular reports to the police.
Specialist web crawlers and automated tools also search servers, cloud accounts, and open web content for matching files. When a match is found, the intelligence is passed to the National Crime Agency (NCA), which analyses the data to identify the internet account or device involved. This usually starts with an IP address – the unique identifier assigned to a broadband or mobile connection. The NCA then obtains subscriber details from the Internet Service Provider and shares them with the local police, who may apply for a search warrant under the Protection of Children Act 1978 or the Police and Criminal Evidence Act 1984 (PACE).
A warrant authorises officers to enter your property and seize computers, phones, or other storage devices.
Police station Interview in Indecent Image Cases
At this stage, the police may have seized your devices, but they are unlikely to have been forensically examined. The interview questions are based on the limited intelligence available at that point.
Many people in this situation have never faced a police interview before and may initially rely on the duty solicitor. Legal advice is given about whether to answer questions, provide a prepared statement, or make no comment.
The first interview often shapes how the entire case is viewed: what you say – or choose not to say – can have a lasting impact. If a potential defence is not raised early, the court may later draw an adverse inference.
When instructed, our team reviews the advice you were given at the police station and, where necessary, ensures that any new information which may assist your position is properly presented to the police.
RIPA Notice and Password Requests
The investigating officer may also issue a RIPA notice (under section 49 of the Regulation of Investigatory Powers Act 2000), requiring you to disclose passwords, PINs or encryption keys for certain devices. Failure to comply is a separate criminal offence, punishable by up to five years’ imprisonment. The right response requires careful, nuanced judgment. It involves weighing the likelihood of the police pursuing action if no response is given, against the potential consequences of compliance – including any risks of self-incrimination or broader impact on the investigation. Legal advice should always be sought before responding.
Bail Conditions and Extensions
If you are released on bail, the police may impose conditions such as prohibiting unsupervised contact with children or restricting internet access. These conditions can be highly disruptive – sometimes even preventing you from living at home or carrying out everyday activities. Bail conditions are sometimes drafted too broadly, making it unclear whether certain actions would amount to a breach.
Investigations can take many months, and bail may be extended several times while devices are examined. Where there are children in the household, social services may also become involved.
This is often the stage when anxiety peaks. Long periods of silence from the police can leave people fearing the worst. Having a proactive legal team who press for updates, challenge unnecessary or unreasonable bail restrictions, and reassure you that you are doing everything possible can make a significant difference.
Police Re-Interview After Forensic Examination
Re-interviews usually take place when you return to the police station on bail and the forensic analysis has revealed material of concern. The forensic process can take many months. Devices that have been seized are examined by digital-forensics units, and waiting times vary considerably between police forces depending on backlogs. For example, the Metropolitan Police and Thames Valley Police often take around eight months, although this can change over time. We can advise on current local time estimates.
At this stage, it is crucial to decide whether giving an account or remaining silent is in your best interests. A clear and confident account can sometimes strengthen your position by denying the allegation or introducing new evidence. In other circumstances, making admissions or offering unnecessary detail can cause avoidable harm. Occasionally, the only realistic way to secure an out-of-court disposal is to answer questions and explain the mitigating circumstances in full. Our team can advise on the best strategic approach based on the evidence and your individual situation.
If you are Charged with an Indecent Image Offence
When the investigation concludes, the police and CPS will decide whether to bring charges. If you are prosecuted, your case will start in the Magistrates’ Court and may be sent to the Crown Court depending on its seriousness.
The recent extension of Magistrates’ Court sentencing powers means that more of these cases are now being dealt with in the lower court, which can shorten proceedings and reduce costs. However, most cases are still heard in the Crown Court.
How Our Indecent Image Solicitors Can Help
We have a dedicated sexual offences team who have represented hundreds of clients accused of possessing indecent images. Whether we are defending a case at trial or negotiating the best possible outcome, our focus is always the same – to protect your future and guide you through the process with clarity and discretion.
For further information about the law on indecent images, potential defences, and sentencing, visit our main Indecent Images Solicitor page.
To contact one of our specialist indecent images solicitors, email us at [email protected], or phone us directly on 0333 240 7373. Alternatively send your enquiry through our contact page here.