Indecent images investigations often begin with an early-morning search and the seizure of every phone, computer and storage device in the home. They can then run for many months while the devices are examined. The way you deal with the police from the very first contact, including at interview and any request for passwords, can affect the whole case.
If the police have searched your home or seized devices
- Do not attend a police interview, voluntary or after arrest, without a solicitor.
- Free legal advice at the police station is your right, whatever your income.
- Do not delete files, wipe devices, or close accounts. It can be a separate offence and harms your defence.
- Take advice before giving passwords or responding to a RIPA section 49 notice.
- Do not discuss the investigation with anyone other than your solicitor.
What are the indecent images offences?
A "child" for these offences is anyone under 18. The main offences are:
- Taking, making, distributing or showing indecent photographs or pseudo-photographs of a child, possessing them with a view to distributing or showing them, or publishing an advert for them, under section 1 of the Protection of Children Act 1978. The maximum sentence is 10 years.
- Possession of an indecent photograph or pseudo-photograph of a child, under section 160 of the Criminal Justice Act 1988. The maximum sentence is five years.
- Possession of a prohibited image of a child (non-photographic images such as drawings or cartoons), under section 62 of the Coroners and Justice Act 2009. The maximum is three years.
"Making" is interpreted broadly. Downloading an image, saving it, opening an email attachment, or viewing an image that is automatically stored in a device's cache can all amount to making. That is why many people are charged with making images even though they did not create them.
How are images categorised?
Images are graded into three categories under the Sentencing Council guideline:
- Category A: images involving penetrative sexual activity, sexual activity with an animal, or sadism.
- Category B: images involving non-penetrative sexual activity.
- Category C: other indecent images not falling within categories A or B.
The categorisation is done by the police, often using national image databases. It can be challenged, and errors in grading or in the count of images are not uncommon, so the defence should check the prosecution's figures carefully.
How do indecent images investigations start?
Many cases start with a report from an online platform or a referral through the National Crime Agency, which links activity to an IP address or an account. Others come from information found during a separate investigation, or from a report by someone who has seen material on a device. The police then usually apply for a search warrant.
After a search, devices are sent for forensic examination. Because of the volume of work, this can take many months. You may be interviewed at the time of the search, or later once the examination is complete. Our guide to digital evidence in sexual offence cases explains how forensic evidence is gathered and tested.
The police interview
Before any interview, a solicitor will ask the police what they have found and advise you on whether to answer questions, give a prepared statement or answer "no comment". In images cases the police often have only limited forensic results at the first interview, which affects that advice. See our guide to police interviews for sexual offence allegations and what to do if you are arrested.
Possible defences
Depending on the evidence, defences and challenges can include:
- Lack of knowledge: you had not seen the images and did not know, or have cause to suspect, that they were indecent.
- Unsolicited images: the images were sent to you without any prior request, and you did not keep them for an unreasonable time.
- Attribution: other people used the device, network or account, so the images cannot be linked to you.
- Legitimate reason: a narrow defence, for example where material was held for a genuine professional purpose.
- Age and indecency: whether the person shown is under 18, and whether the image is indecent, are questions for the court and can be disputed.
- Forensic challenges: where files were stored, whether they were ever opened, and whether deleted or cached files were accessible to the user. An independent defence expert is often essential.
What sentence can you get for indecent images?
Sentencing depends on the activity (possession, distribution or production), the category of images and the number of images. Under the Sentencing Council guideline, starting points for an adult include:
- Possession: from a high-level community order (category C) to one year's custody (category A).
- Distribution: from 13 weeks' custody (category C) to three years (category A).
- Production: from 18 months' custody (category C) to six years (category A).
Courts can suspend shorter prison sentences, and many possession cases end in a community order with rehabilitation requirements. Aggravating factors include a large volume of images, very young children and attempts to conceal material; mitigation includes early admissions, remorse and steps taken to address the behaviour. Our guide to indecent images sentencing guidelines sets out the full table of starting points and ranges.
Other consequences
- Notification requirements: see our guide to the sex offenders register.
- A Sexual Harm Prevention Order, which may restrict internet use, device ownership and contact with children.
- Employment and DBS checks: see how sexual offence convictions affect employment.
- Family and safeguarding: social services may assess contact with children in the household.
Indecent images cases are usually dealt with in the magistrates' court or the Crown Court depending on seriousness. Our court representation page explains what happens at each hearing.
Frequently asked questions
How long do indecent images investigations take?
Often a long time. Forensic examination of phones, computers and storage devices can take many months, and over a year is not unusual. Many people are released under investigation in the meantime. A solicitor can keep in contact with the officer in the case and prepare for interview or charge.
Do I have to give the police my passwords?
You do not have to answer questions in interview, but the police can serve a notice under section 49 of the Regulation of Investigatory Powers Act 2000 requiring you to provide a password or key. Failing to comply without reasonable excuse is a separate offence, with a maximum of five years in cases involving child indecency. Take advice before you respond to any request or notice.
Is viewing images online the same as downloading them?
Both can amount to "making" an indecent image. The courts have held that downloading, saving, opening an attachment or viewing an image that is automatically stored on a device can all count as making. Whether you knew the image was there, and whether it was indecent, are often key questions.
Will I go on the sex offenders register?
If you are 18 or over and are convicted of, or cautioned for, taking, making, distributing or possessing indecent images of children, notification requirements apply. The length depends on the sentence: for example, an adult receiving a caution is subject to notification for two years, while a prison sentence of 30 months or more means indefinite notification.
Do cartoons or AI-generated images count?
Computer-generated or edited images that look like photographs are treated as "pseudo-photographs" and are covered by the same offences as real photographs. Non-photographic images, such as cartoons or drawings, can be "prohibited images of children" under section 62 of the Coroners and Justice Act 2009, which carries a maximum of three years.
Will my family or employer find out?
The police do not automatically tell employers, but searches often happen at home, and a charge leads to public court proceedings. Social services may become involved if children live in the household. A solicitor can advise on safeguarding issues and on your position if you work in a regulated role.
How we help
We are a referral service, not a law firm, and we do not give legal advice ourselves. When you contact us, we pass your details in confidence to an independent solicitor who specialises in sexual offence defence, so they can contact you directly. We cover the whole of England and Wales, including London, Manchester, Birmingham, Leeds and every other area we cover.
This page is general information about the law in England and Wales, not legal advice. Last updated 11 November 2026.