Being accused of a sexual offence undoubtedly has devastating consequences. Society’s view of these offenders is such that the presumption of being innocent until proven guilty often seems in reality to be reversed.
Most cases of this type result from the discovery of indecent pictures or images of children on a computer. There are many reasons why pictures of this type may come to be on a computer unintentionally. Often the origins of indecent pictures of children found on computers are not fully investigated by the prosecution, which may result in a person being wrongly accused or worse, convicted.
Our expertise
CY4OR is an expert in the examination of computers, digital media and mobile devices in the defence of the offences of Making Indecent Photographs of Children (section 1 of the Protection of Children Act 1978), Distributing Indecent Photographs of Children (section1 of the Protection of Children Act 1978), Possession of Indecent Pictures of Children (section 160 of the Criminal Justice Act 1988), Possession of Prohibited Images of Children (section 62 of the Coroners and Justice Act 2009) and Meeting a Child following Sexual Grooming (section 15 of the Sexual Offences Act 2003). Although not directly related to offences relating to children we can also provide an expert witness service in cases of Possession of Extreme Pornographic Images (sections 63 -67 of the Criminal Justice and Immigration Act 2008).
Statutory defences
We understand the statutory defences to these offences (where they exist) and we are also cognisant of the applicable stated cases (e.g. R v Land [1998], R v Bowden [2000], R v Oliver, Hartrey and Baldwin [2002], R v Porter [2006]). The possibility of malware, pop ups and other internet related threats being involved in the delivery of indecent images can also be investigated.
Our defence experts are familiar with and can interpret both Encase and C4P reports often produced by the prosecution as evidence in cases of this type and can assist with mitigating the number of images categorised in accordance with the Sentencing Advisory Guidelines (R v Oliver).
For further information please call our business development team on 0845 643 7055.
