The police will seize all your devices and send them to a forensic expert who will eventually (it is the queue that is long not the time that it takes to download the content) extract information from your phone that the police will be interested in to the extent that you may or may not have been either been involved with IIoC (indecent images of children) or online communications with minors.
Your devices will be placed in a queue. They will be in storage. The digital forensic examiners have queues that are months long. Once the downloads have eventually be completed the experts are looking for such images and/or conversations.
The more images you have, the more folders you have put them in or hidden them in, the more searches that you have done for “indicative terms” such as PTHC (pre-teen hardcore) and so on, the more they will say that it was definitely you that has been involved in relation to these searches, the obtaining of images, the downloading of them and potentially the distribution of them.
There are certain chat rooms that are notorious for this such as Kik and Telegram.
Anyone who has these accounts and who is accused of such offences is more often than not going to have committed that offence.
It is very difficult to defend in such cases because more often than not the person who is accused is guilty.
We do have some success in relation to defending people in these matters but it is often more a case of a plea and mitigation. That means that you accept that you have done something wrong, you plead guilty, we mitigate as to why you did it with a view to you obtaining a non-immediate custodial sentence ie a sentence that does not mean that you go immediately to prison.
Being found guilty of such an offence comes with Ancillary Orders such as the registration requirements (commonly known as having to sign the Sex Offenders Register) and a Sexual Harm Prevention Order (SHPO) which restricts your computer and internet usage and can have other implications such as denying you an opportunity to have direct contact with a person under the age of 18 and so on.
Frequently Asked Questions
1. How long does digital forensic analysis take?
It can take several months due to backlogs, although the actual extraction process is often much quicker.
2. What devices can be examined in an investigation?
Mobile phones, laptops, tablets, USB drives and cloud accounts can all be analysed.
3. Can deleted files still be recovered?
Yes, forensic experts can often recover deleted data depending on how it was removed.
4. What are “indicative search terms”?
These are keywords linked to illegal content that investigators use to assess intent and knowledge.
5. Do I have to provide passwords to my devices?
You may be legally required to provide access. Refusal can itself be a criminal offence.
6. Can digital evidence be challenged?
Yes, expert legal advice can identify issues with how evidence was obtained or interpreted.
Contact Sutton Defence Lawyers
If you are under investigation or have been accused of a sexual offence involving digital evidence, it is vital to seek legal advice as early as possible. Our experienced defence solicitors can guide you through the process, protect your rights and build the strongest possible case on your behalf.
Call us today on 07798 753 720 or complete our online contact form to arrange a confidential consultation.
