Indecent and prohibited images of children FAQs
Allegations involving indecent images of children (IIoC) can have devastating consequences for your personal, professional, and family life—even before any formal charges are made. These cases often involve complex and highly sensitive digital evidence, and the law surrounding possession, distribution, and creation of such material can be confusing, especially for those who believe they have not committed a criminal offence.
If you’ve been accused, arrested, or are under investigation in relation to IIoC or related offences, it’s completely understandable to feel overwhelmed and uncertain about what happens next. Below, we’ve answered some of the most frequently asked questions to help you understand the legal definitions, possible defences, and the implications of a conviction.
Q. Why are images of people aged 16 and 17 illegal?
There is an anomaly in the law: a person aged 16 and over can legally engage in sexual activity (with consent and appropriate capacity), but if they send photographs of themselves in a state of undress or engaging in a sexual act—or if you request such images—it is an offence.
Under UK pornography laws, individuals must be 18 or over to appear in pornographic material. Therefore, images of 16- and 17-year-olds are considered indecent images of a child (IIoC) and are illegal.
This is determined by Section 7 of the Protection of Children Act 1978.
Q. I have been accused of “making” an image, but I didn’t take the photograph
The legal definition of “making” an image has been broadly interpreted by the courts. It includes:
- Opening an email attachment containing IIoC
- Downloading such an image from a website
- Storing an image on a device
- Viewing IIoC through automatic pop-ups
- Receiving IIoC via social media (even unsolicited)
- Live streaming content that includes IIoC
You don’t need to physically take the photo—causing it to appear on your screen is enough to constitute “making” the image.
Q. How can I be in possession of IIoC if I cannot access the IIoC?
Although “possession” is not precisely defined under relevant acts (Criminal Justice Act 1988, Coroners and Justice Act 2009, and Protection of Children Act 1978), the test used is:
The images must be in your custody or control
You must be capable of accessing the images
You must know you possess them (but not necessarily know they are indecent)
Q. What is distribution of IIoC?
You can be regarded as distributing IIoC if you:
Send an image to someone
Offer to send one
Indicate you have one and ask if someone wants it
Any of these actions can constitute distribution.
Q. What are prohibited images of children?
These are non-photographic images including:
Computer-generated images (CGIs)
Cartoons or drawings
Other graphic representations
These images are criminalised if they depict a child in a pornographic, intimate, or grossly offensive way.
Section 62 of the Coroners and Justice Act 2009 provides the legal definition.
Q. What is a paedophile manual?
Section 69 of the Serious Crime Act 2015 criminalises possession of any item that gives advice or guidance on abusing children sexually.
There are three statutory defences:
Legitimate possession for a proper purpose
No reason to suspect the item contained illegal content (e.g., never accessed)
The item was sent unsolicited and not retained for an unreasonable time
Q. I have been accused of “production” but I did not produce anything.
“Production” includes altering legitimate images (e.g., pornography) to:
Add the face of a child
Add your own face to the abuser in IIoC to simulate abuse
Even if not a standalone offence, “production” is a serious aggravating factor in sentencing.
Q. What is classed as making/possessing “a lot” of images?
Case law has shown that 50 to 60 images can be considered “a lot”.
Sentencing considers:
Number of images
Category of images (A being most serious, followed by B and C)
More images and higher severity increase the chance of an immediate custodial sentence.
Q. Are any defences available to me?
Yes, in limited circumstances. Examples include:
Lack of awareness of the image(s) or their distribution
The image was sent unsolicited and not kept for long
You could not access the image and did not know it existed
However, defences are difficult to prove, and you may need to instruct a forensic computer expert.
Q. What will happen if I plead guilty or I’m convicted of IIoC offences?
Possible outcomes include:
Immediate prison sentence
Suspended sentence
Community service
Rehabilitation days with Probation Services
Ancillary Orders, such as:
Sexual Harm Prevention Order (SHPO)
Barring from working with children or vulnerable adults
Signing the Sex Offenders Register
If sentenced to more than 30 months in prison, you would be on the Register indefinitely, with the earliest removal request after 15 years.
All devices containing IIoC will be forfeited and destroyed.
Q. What are the categories of IIoC?
They are:
Category A – most serious
Category B – intermediate
Category C – least serious
Prohibited images – non-photographic illegal content
You may also be charged with possessing “extreme images”, which typically do not involve children but include:
Acts involving animals
Extreme bondage
Depictions of death
Contact our Expert Sexual Offence Solicitors
Our sexual offence solicitors are available 24/7 to provide confidential advice and support. To speak with us, please contact Stuart Sutton directly on 07798 753 720, email him atstuart@ssdll.co.uk, or complete our secureonline contact form.
Please note we do not provide legal aid case representation
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Why Choose Sutton Defence Lawyers?
- Specialists in Criminal Defence Law
- Outstanding record in successfully defending clients charged with Sexual Offences
- Available 24 hours a day, 7 days a week
- Secured not guilty verdicts in over 90% of cases
- Robust defence preparation, attention to detail and professional representation
Please note we do not provide legal aid case representation
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