Sentencing for Indecent Image Offences
Sentencing for Indecent Image Offences
- The presence of category A images
- Large volumes of images
- Images which depict particularly young children
- Obvious signs of the use of drugs/alcohol to facilitate the abuse of the child
- A distribution element to the offending
What is a Pre Sentence Report?
A Pre Sentence Report, abbreviated to PSR, is a report that is prepared by the Probation Service ahead of sentence. Following the first appearance where a guilty plea is entered, or following a trial where a defendant has been convicted, they will be given a date and time whereby they will meet with a probation officer. There is also the possibility that a stand down report can be ordered, where this happens the defendant will see probation on the same day, and will be sentenced on that day following their assessment with probation., this course of action is rare in indecent image cases.
The purpose of PSR is to assess risk, and following the assessment to provide to the court a sentencing recommendation. The report will also recommend where appropriate specific courses which the defendant must complete as part of the sentence such as, The Sex Offenders Treatment Programme.
What Sentence will I get for Indecent Image Offences?
Sentence for indecent image offences can range from a community order through to lengthy custodial sentences. The sentence varies based on whether the defendant is convicted of possession, distribution or making indecent images and even then, there are various factors which make the sentencing range wide. The below table provides the sentencing range for each offence. The guidelines used for making, in the sense that the accused has downloaded images are those which are used for possession.
| Image Category | Possession | Distribution | Production |
|---|---|---|---|
| Category A | Starting Point: 1 year custody Category Range: 26 weeks-3 years' | Starting Point: 3 years Category Range 2-5 years' | Starting Point: 6 years Category Range: 4- 9 years' |
| Category B | Starting Point: 26 weeks custody Category Range: High level community order - 18 months custody | Starting Point: 1 year custody Category Range: 26 weeks - 2 years' custody | Starting Point: 4-9 Years' custody Category Range: 1-4 years' custody |
| Category C | Starting Point: High level community order Category Range: Medium level community order - 26 weeks custody | Starting Point: 13 weeks' custody Category Range: High level community order - 26 weeks custody | Starting Point: 18 months custody Category Range: 1-3 years' custody |
The Sex Offenders Register
When a defendant has entered a guilty plea they will be required to attend their local police station, or police station designated by the court to notify the police of their conviction.
The minimum term an adult defendant can be made subject to the Sex Offenders Register following a conviction at court is 5 years.
| Disposal | Notification Requirement | |
|---|---|---|
| Adult | Youth | |
| Simple Caution | 2 years | 1 year |
| Fine | 5 years | 2.5 years |
| Community Order/Youth Rehabilitation Order | 5 years | 2.5 years |
| Hospital Order without restrictions | 7 years | 3.5 years |
| Hospital Order with restrictions | Indefinitely | Indefinitely |
| Custodial sentence of 6 months or less | 7 years | 2.5 years |
| Custodial sentence of more than 6 months and less than 30 months | 10 years | 5 years |
| Custodial sentence of 30 months or more | Indefinitely | Indefinitely |
Sexual Harm Prevention Orders
A Sexual Harm Prevention Order is made where the court decides that one is necessary in order to protect the public or a particular group of the public from further sexual harm from the defendant. Sexual Harm Prevention Orders will seek to prohibit the defendant from particular activities, or can also place positive obligations on a defendant. In indecent image cases where the offences relate to the possession, making, or downloading the images Sexual Harm Prevention Orders will relate to the defendant's use and possession of electronic devices. Restrictions on the accused's contact with children should not be a term within the order, and if this is applied for by the Crown Prosecution Service, it is essential for this to be challenged.
Sexual Harm Prevention Orders are not mandatory orders and where possible can be avoided.
Mitigation - Preparing for Sentence
When preparing for sentence gathering strong mitigation is hugely beneficial for the defendant and can be what makes a difference between a custodial and non custodial sentence. Often people have relevant circumstances which reduces their culpability, these circumstances can be mental health issues, addiction problems, circumstances which relate to their background and up bringing, it could even be accumulation of many factors. Without preparing evidence of these circumstances, and presenting the mitigation to the court the judge will not know about them.
At Eventum Legal we pride ourselves on the meticulous preparation of all cases, including those where our client has pleaded guilty. Here are some mitigating factors the court will consider:
- No previous convictions or no relevant/recent convictions
- Remorse
- Positive character and/or exemplary conduct (regardless of previous convictions)**
- Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
- Mental disorder or learning disability, particularly where linked to the commission of the offence
- Demonstration of steps taken to address offending behaviour
- Physical disability or serious medical condition requiring urgent, intensive or long-term treatment
- Difficult and/or deprived background or personal circumstances
- Prospects of or in work, training or education
Psychological and psychiatric reports are also a consideration where appropriate, in some cases an independent assessment of a defendant's risk can strengthen mitigation and the defence arguments advanced for mitigation.
Attending Court for Sentence
Attending court for any hearing is a daunting experience for anyone, particularly when there is a fear that the accused may not be returning home to their family. Our team have over 15 years experience supporting defendants through the sentencing process, preparing for sentence and ensuring our client and their families are supported.
Feeling prepared and going into court knowing that you could have not anything more is crucial, having the right legal team behind you is essential in order for you and your case to be prepared.
Sentencing for indecent image offences is not straight forward, our lawyers will ensure that the sentence you receive is as lenient as it possibly can be, and that you are not facing Sexual Harm Prevention Order requirements that are excessive or necessary.
If you or your friends/family would like to discuss our bespoke approach to sentencing in your case then please
contact our lawyers free of charge for an initial consultation. At the end of our consultation we will provide you with an action plan which aims to ensure you know where your case could potentially go and the steps we will take to achieve the best outcome for you.
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