Possession of Prohibited Images of a Child - Defence Solicitors

The offence of possessing a prohibited image of a child is designed to address non-photographic child sexual abuse material. This includes cartoons, drawings, manga-style images, and certain computer-generated or AI-created images. The prosecution must prove that the image “is pornographic and grossly offensive, disgusting or otherwise of an obscene character”, that it depicts a child involved in sexual activity or focuses on the sexual parts of a child’s body, and that the image was in the suspect’s possession.

These allegations are treated seriously by the courts. The offence carries a maximum sentence of three years’ imprisonment, and most convictions also give rise to sex offender notification requirements. It is crucial to understand that these notification requirements can sometimes be avoided if the court can be persuaded to impose a fine rather than a community order or custodial sentence. Prohibited image allegations are often brought alongside separate charges relating to indecent images of children, which can significantly increase the seriousness of the case.

Given the potentially serious consequences of a prosecution for possession of prohibited images, specialist legal advice is essential. We have represented many clients facing these allegations and always consider carefully whether there is a viable defence. Where a defence is not available, meticulously prepared mitigation can often prove crucial in achieving a more lenient outcome at court.

Obtaining legal advice at an early stage is crucial. Contact our specialist Solicitors at [email protected] or complete our online contact form or call 0333 240 7373.

How Do Prohibited Image Investigations Begin?

Many of these investigations begin when the police seize computers, mobile phones or other electronic devices – often during the execution of a search warrant or following an arrest. Those devices are then examined by specialist digital forensics teams, a process that can take many months and often leaves individuals facing considerable uncertainty about what may ultimately be alleged.

Early advice from one of our specialist lawyers can help immensely – by answering any questions and providing clear guidance on what to expect.

What Does the Prosecution Have to Prove?

• The image is pornographic. This means it must reasonably be assumed that the image was produced solely or principally for the purpose of sexual arousal.
• The image is grossly offensive, disgusting or otherwise of an obscene character.
• The image depicts a child involved in sexual activity or focuses on the sexual parts of a child’s body – for example images showing sexual acts involving a child or images concentrating on a child’s genitalia.
• The image is non-photographic. Photographs or pseudo-photographs fall under separate offences relating to indecent images of children.
• The defendant was in possession of the image and knew it was present on the device or account in question.

Defences

The starting point is always whether the material found actually meets the legal definition of a “prohibited image”. Common defence scenarios:

• The image was not produced for sexual arousal. Cartoons or memes created for humour or satire or shock value should not be deemed prohibited images
• The age of the character depicted is unclear. In artwork, animation or manga-style images it can sometimes be difficult to establish whether a character is clearly intended to represent a child.
• The defendant did not know the image was present. The prosecution must prove knowing possession. In some cases, individuals may not be aware that material was present on a device or account said to be in their possession.
• The image was received unsolicited. If an image is received without being requested or searched for, and is deleted within a reasonable period of time, this may provide a defence.
• There may be a legitimate reason for possession, such as academic or research purposes.

Will I go to prison for possession of prohibited images?

An immediate custodial sentence is very unlikely. There are no specific Sentencing Council guidelines for this offence, so courts assess seriousness by looking at the nature of the images involved, the number of images and the wider circumstances of the case.

Possession of a prohibited image of a child carries a maximum sentence of three years’ imprisonment. In many cases, however, the offending falls below the custody threshold and results in a community sentence or lower. Even in more serious cases, a prison sentence is often suspended where the defendant is a first-time offender.

Most convictions will also result in sex offender notification requirements. However, where the court imposes only a financial penalty, those notification requirements do not apply. For this reason, carefully prepared mitigation can play a decisive role.

Can I Avoid a Conviction for Possession of Prohibited Images?

It may be possible to argue that it is not in the public interest for a prosecution to proceed. The nature of the images, the circumstances in which they were obtained, and personal factors such as age, immaturity, mental health or neurodiversity can all be highly relevant.

We can submit detailed written representations to the police or the Crown Prosecution Service arguing that an out-of-court disposal is more appropriate. In some cases, where there are evidential weaknesses, it may also be possible to argue that the matter should not proceed at all.

This is why obtaining specialist pre-charge legal advice at an early stage of an investigation can be extremely important.

If you would like confidential, expert legal advice about prohibited images or other digital sexual offences, contact our specialist solicitors at [email protected] or complete our online contact form or call 0333 240 7373.