Encouraging or Assisting Indecent Images Offences
A person who encourages or assists in the commission of a crime may believe they are not guilty of an offence. In actual fact, the criminal law in England and Wales extends to any person who did not perpetrate the main offence but who intentionally encouraged or assisted the crime. We are seeing more convictions of this nature in relation to sexual offences, and in particular indecent images crimes.
The law in this area is vast and complex. If you are accused of encouraging or assisting an indecent images offence, it is essential that you seek advice and representation from expert Sexual Offence Defence Solicitors. At Tuckers Solicitors, we have almost 30 years defending clients accused of sexual offences, and have extensive knowledge and experience in internet crimes. Contact us today for a confidential discussion about your circumstances.
The law on encouraging or assisting indecent images offences in England & Wales
Indecent images
Under section 1 of the Protection of Children Act 1978, it is a crime to take, make, circulate and possess, with the intention to distribute, any indecent photo or pseudo photo of a child. A pseudo photo relates to an image created by computer graphics or in another way, that makes it appear as if it is a photo. The definition of “make” is a wide one, and includes opening an email attachment, storing an image in a computer and visiting a website where images appear by way of an automatic pop-up.
The Criminal Justice Act 1988 section 160 creates an offence of the mere possession of indecent images. For this crime there is no requirement for the defendant to intend to distribute the image.
Encouraging or assisting an offence
Under section 44 of the Serious Crime Act 2007, it is a crime for a person to do an act that is capable of encouraging or assisting the commission of an offence and that person intends to encourage and assist in its commission. The number of important elements of this crime:
- “Encouraging” includes persuading, threatening and taking steps to avoid detection.
- “Assisting” includes providing advice on how to commit the offence and how to avoid detection, and any other behaviour that aims to help the main perpetrator carry out the offence.
- The defendant can still be found guilty encouraging or assisting even if the main offence is not carried out.
- The defendant must have has the intention to do the act that is capable of encouraging or assisting the main crime.
In summary, a person will be guilty of a crime if they encourage or assist another person to commit an offence under section 1 of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988.
Defences to encouraging or assisting indecent images offences in England & Wales
There are a small number of standard defences that may apply to an allegation of encouraging or assisting indecent images offences, including if it can be proved that the defendant was unable to understand that what he or she was doing (the defence of insanity).
A specific defence is also provided for in section 50 of the Serious Crime Act 2007. This is known as the reasonable conduct defence, and it will apply where the defendant convinces the jury that they acted reasonably in the circumstances they were aware of, or believe existed.
Arguing a defence in relation to sexual crimes, especially those involving children, is a challenging exercise. Due to our lawyers’ technical expertise in criminal defence and our depth of experience representing clients accused of indecent images crimes and of encouraging or assisting these crimes, we are well placed to build a strong defence strategy on your behalf. Contact us without delay so we can start work on your case immediately.
Penalties for encouraging or assisting indecent images offences in the UK
The penalties for an offence under section 44 of the Serious Crime Act 2007 are the same as those available on a conviction of the main offence. For a crime under the Protection of Children Act 1978 (to take, make, circulate and possess, with the intention to distribute, any indecent photo or pseudo photo of a child) has a maximum sentence of 10 years’ imprisonment. For a conviction of possessing indecent images under the Criminal Justice Act 1988 there is a maximum prison sentence of 5 years.
Contact our Indecent Images Defence Solicitors in Manchester UK, Today
If you are facing criminal proceedings for encouraging or assisting another person to carry out an indecent image offence, it is important to get specialist legal advice and representation at the earliest stage possible. Our Special Casework Team is led by Criminal Defence Solicitor, Jim Meyer. Jim has acted for many clients involved in sexual offence cases, including offences against children, making pornographic images and related crimes.
Jim has a high success rate in defending clients accused of sexual crimes and those suspected of encouraging or assisting these offences. Jim and the Special Casework Team have the depth of experience required to analyse all the evidence involved, identify issues with the prosecution’s case, involve expert witnesses to bolster your case and argue a defence or reduced criminal liability.
We are committed to protecting your right to a fair trial and we will hold prosecution to account wherever we believe your rights are breached. Your best interests are at the heart of everything you do, and we will work hard to get you the best possible outcome to your case.
We offer a 24-hour, 7 days a week service. Jim Meyer and the rest of our Special Casework Team, are ready to deliver expert legal advice and assistance. E-mail meyerj@tuckerssolicitors.com, or contract Jim Meyer on 0797 322 6586.