What is the National Crime Agency?
You may have been contacted by the National Crime Agency or currently under investigation for a criminal offence being investigated by them. The National Crime Agency are an investigatory body separate to the police who investigate serious organised crime alleged to be taking place in the UK. A large proportion of crime investigated by the National Crime Agency is the sexual abuse of children which includes offences such as grooming, sexual communications with a child, possession, making and distributing indecent image of children, inciting a child to engage in sexual activity, facilitating a child sex offences and others.
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The National Crime Agency was established in October 2013 and plays a vital role in setting up operations to tackle crime and work with agencies both in the UK and abroad to tackle offending which can take place between different countries. Common sexual offences investigated by the National Crime Agency are online sex offences; grooming, arranging/facilitating the commission of a child sex
offence
and indecent image offences.
Methods the National Crime Agency Use in Sexual Offences
There are various methods used by the National Crime Agency to catch individuals committing sexual offences. These methods range from informants, tip offs from members of the public and in addition to utilising their specialist cybercrime team which monitors the internet for illegal activity they also take undercover roles posing as children online to engage with those seeking out children for sexual purposes, or to speak with other adults who may be willing to facilitate child sexual offending.
Online Contact Sexual Offences: Grooming, Sexual Communication with a child, inciting a child to engage in sexual activity, causing a child to watch a sexual act, arranging/facilitating a child sex offence
We often represent clients accused of online child sex offences who at the time of the conversation they believe they are talking to a child, only later to find it was in fact an adult posing as a child. This is a very common technique being used across various online social media platforms and chatrooms used by both the police and National Crime Agency. They will create a very genuine looking profile as a child and engage online with adults. They often use computer generated images which look like real children, or use real photos of children which have been changed by the use of computer graphics.
Having experience of representing clients whereby undercover tactics have been used we often see repetition of the age throughout the conversation, this is because the undercover officers require clear evidence that they were posing as someone underage and that the adult they are speaking with is aware of this, as it would not be offence otherwise. Once the age is clearly established they then turn the conversation sexual.
The police and National Crime Agency have to be extremely clever and must not overly encourage the commission of an offence, this could be seen as an abuse of process and could lead to evidence being excluded, or the case being withdrawn by the CPS. Cases involving undercover officers rarely bring about an abuse of process argument, but where we do see undercover operations go wrong is where members of the public take it into their own hands to try to catch online sexual offenders, otherwise known as “Hunter Groups” or "peadophile hunters".
Defence to Online Contact Offending
If your are accused of an offence which involves some element of speaking sexually to a child online, then it would be a defence if you could show you had a genuine belief that you were speaking with an adult.
Non Contact Sexual Offending Online: Possession, making and Distribution of Indecent Images of Children
The National Crime Agency (NCA) uses several methods to detect indecent images on devices, particularly in cases involving child exploitation. They have a specialist cyber team whose role it is to monitor online activity and identify websites, individuals and social media accounts offering child abuse images. They work with multiple agencies to to implement monitoring across various platforms to home in on individuals involved in indecent image offences.
Defences to Indecent Image Offences
There are defences to indecent image offences such as lack of knowledge. We often see cases whereby unsolicited images arrive on a persons device which in the first instance do not look anything different than a link or normal photo. When the file is then clicked on by the user of the device unbeknown to them it opens up indecent material, or downloads it to their device, effectively images are downloaded by accident
and unknowingly to the user. Where this is a case an independent defence forensics examination
is required.
Where the defence of lack of knowledge could fail is if we see search terms whereby the user has actively sought the indecent material, or the file has been viewed on multiple occasions or has been saved, or moved to another folder by the user. The more interaction with that file the user has, the more difficult depending that the download was accidental becomes.
Prosecution of National Crime Agency Investigated Offences
The prosecution process for offences which are brought to court by the National Crime Agency is the same as a case which has been investigated by the police. Whereby the CPS will charge a suspect if the evidential and public interest tests are met and where there is a realistic prospect of conviction. The accused will be required to attend the Magistrates Court
for their first appearance and dependent on the plea, and the seriousness of the case, the matter will remain in the Magistrates Court to be dealt with, or will be sent to the Crown Court.
Key Considerations to Have if you Are Charged with a Sexual Offence:
- Seeking the appropriate legal advice and instructing your legal team. Looking for specialist law firm that represents individuals accused of sexual offences is hugely beneficial. At Eventum Legal all of our training is ploughed into defending sex crime, we are up to date with the latest legal changes and options for our clients.
- Ensuring you can work with your legal team. Most cases take an incredibly long time to conclude, particularly those concerning sexual offences. Make sure you can work with your legal team and you feel comfortable and reassured by them. Being accused of a sexual offence is devastating and causes so many emotions and embarrassment, all of lawyers are friendly non-judgemental and passionate about achieving the best possible results we pride ourselves on the support and care given to our clients.
- Understanding the evidence against you. Having followed consideration number 1 you should be given the opportunity to conference with your legal team where the evidence is explained and you are armed with full knowledge of your options, the case against you and the next steps.
- Knowing what your options are. It is important you know and understand your plea options, the consequences of your plea and what will happen after your plea. There are important decisions to be made at your first appearance in the Magistrates Court, getting it wrong at your first appearance could cost you further down the line.
Being under investigation for a sexual offence is difficult, and impacts your health, relationships and career, we want to make this process more bearable for you and help to resolve your case to your advantage. Contact us
for a free, no obligation chat. We will aim to provide you with the best advice to enable you to make the right legal decisions to progress your case and obtain the best possible outcome.
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.
