Huw Edwards Charged with Making Indecent Images - What Will Happen Next?
Huw Edwards Charged - What Will Happen Next?
Huw Edwards has been charged with
making indecent images of children,
an offence that carries a maximum of ten years imprisonment but what is likely to happen next? According to the media who make reference to his charge sheet, Mr Edwards is accused of having six category A images, 12 category B and 19 category C on what we presume is his WhatsApp account. He will appear before Westminster Magistrates Court on Wednesday to answer to the charges.
This blog explains what an indecent image is, the categories of images and what the legal process is following charges being authorised by the Crown Prosecution Service.
Making Indecent Images of Children - What does this mean?
The offence of making indecent images of children
is an offence contrary to section 1(1)(a) of the Protection of Children Act 1978.
Making an image means that the suspect has been downloading indecent images from a source, usually an online platform such as KIK Messenger, Instagram, Reddit, the Dark Web and WhatsApp.
“To make” has been widely interpreted by the courts and can include the following:
- opening an attachment to an email containing an image: R v Smith; R v Jayson [2003] 1 Cr. App. R. 13
- downloading an image from a website onto a computer screen: R v Smith; R v Jayson [2003] 1 Cr. App. R. 13
- storing an image in a directory on a computer: Atkins v DPP; Goodland v DPP [2000] 2 Cr. App. R. 248
- accessing a pornographic website in which indecent images appeared by way of automatic “pop-up” mechanism: R v Harrison [2008] 1 Cr. App. R. 29
- receiving an image via social media, even if unsolicited and even if part of a group
- live-streaming images of children
People often have the mistaken belief that making means the accused has taken or made the image at source, but this is not necessarily the case and this level of offending is likely to be referred to as production which carries a much lengthier term of imprisonment.
Indecent Image Categories
Indecent images of children are categorised into three levels of seriousness:
Category A - Images involving penetrative sexual activity with a child, sexual activity with an animal or sadism
Category B - Images which portray sexual acts which are not penetrative.
Category C - Sexualised images of a child, posing in a provocative way or wearing little to no clothing.
Huw Edwards is alleged to have been in possession of all three categories in very low numbers.
What Happens When you Have Been Charged With an Indecent Image Offence?
It is most often charges will be authorised following a lengthy
police investigation, one in which may have taken years to even come to a conclusion, this is because of the forensic processes in place that are required to be followed by the investigating body which could be the police or the National Crime Agency.
When a suspect is charged with an offence they will be given a date to attend the
Magistrates Court
for a first appearance. It is here where the accused will be expected to enter their plea for the first time. Prior to their attendance their lawyers will have obtained the Initial Disclosure of the Prosecution Case (IDPC), this is a summary of the initial evidence and in an image case, may contain a Streamlined Forensic Report, which gives detail about the examination process and what has been found on the accused's devices.
Most indecent image cases will be sent to the Crown Court
for trial or sentence, this is because of the serious nature of them. Some Magistrates may accept jurisdiction in cases where there are a low number of images or the categories do not go beyond category B. In the case of Mr Edwards it is likely his case will be sent to the Crown Court because of the presence of category A images, and I do not doubt that there will be some persuasion for this case to be sent to the Crown Court because he is a public figure.
After the Magistrates first hearing the accused will be given a date to attend the Crown Court, this will be either for sentence or Plea and Trial Preparation Hearing (PTPH).
A PTPH will require the accused to enter their plea again for the Crown Court record, and a date for trial will be set. In addition the judge will provide both the prosecution and the defence with dates to work towards for
preparing for trial
- they are referred to as stage dates. An important date for the defence is the date on which their defence case statement is due and their forensic report.
Defending an Indecent Image Case
It is a defence for the accused if they can show that they had no knowledge of the images recovered from their device/s. Or, when they clicked on a particular link or attachment they did not expect an indecent image to appear, for example; clicking a link to legal pornography in a chatroom only to find that alongside the legal pornography there is also illegal material. A common defence is one whereby defendants use torrent sites to download movies and TV programmes, what may be apparent to the user as a perfectly lawful film, could be covering an illegal file for which there can be no knowledge of.
To assist a defendant in these circumstances an independent forensic expert report is crucial. The digital forensic examiner will be instructed by your solicitors to examine your devices for supporting evidence to strengthen and support your defence.
At Eventum Legal we often instruct digital forensics in such cases, on the very basis that our client did not have the knowledge that indecent images had been downloaded to their device, we ask for an examination to take place which goes outside the parameters of what the police are likely to have done. We must remember the police are looking for evidence against you, once they have found this they are unlikely to then go looking for evidence to assist you in defending the case.
We work with only the country's leading experts, having built relationships with them over many years we know exactly how to work together and what to look for to defend our client.
Sentence for Indecent Images
Indecent image offences can carry lengthy terms of imprisonment but for first time offenders who have been in possession or made a relatively low number of images a custodial sentence is rare. The court will in most cases order a Pre Sentence Report, which will require the defendant to meet with an officer from the Probation Service to discuss their offending, personal circumstances and ways in which the offending can be addressed. The purpose of probation is to provide a sentencing recommendation to the court, but the court does not have to follow this.
Making a category A image as a starting point of 1 year custody and a range of 26 weeks - 3 years imprisonment. In most cases the intrinsic character of the most serious of the offending images will initially determine the appropriate category within the sentencing guidelines. If, however, the most serious images are unrepresentative of the accused's conduct a lower category may be appropriate. For example; where the defendant has 500 category C images and 1 category A, the court is likely to put the starting point in the lower category range.
The court will have regard to aggravating features present within the images, a few of which are:
- Age/vulnerability of child depicted – this is to be given significant weight and where age is not clear, consideration must be given to whether the infant, pre-pubescent or post-pubescent
- Discernible pain or distress suffered by the child depicted
- Moving images
- Child depicted known to the offender
- Child depicted intoxicated or drugged
- Large number of different victims
In addition to a potential custodial sentence, the accused would become subject to the notification requirements of the Sex Offenders Register, and in most cases a Sexual Harm Prevention Order
(SHPO).
There are ways in which defence lawyers can challenge the requirement of a SHPO but is is dependent upon the circumstances of the case and the defendant. See our SHPO page
for more advice on this particular court order.
In conclusion, the Huw Edwards Case although it will attract a vast amount of media coverage and outrage, it is very unlikely a custodial sentence will be imposed that is of course if he has a trial and is convicted of the offence.
Experienced Indecent Image Offence Lawyers
At Eventum Legal our team have over 15 years experience defending serious sexual offences including possession, making and distribution of indecent images of children.
If you have been accused or charge with an offence then get in touch
for a free initial consultation. We promise to deliver honest and realistic advice, with a view to guiding you correctly so that you can make the right decisions on how to proceed with your case.
We Can Help With
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
