Being placed under investigation for an indecent images offence can come as a shock. Many people find themselves under a police investigation or facing charges with no prior warning, meaning that the first they hear is when police arrive at their home or office and seize their devices. This can be extremely traumatic, and continue to be inconvenient after the shock wears off, especially if you did not realise that anything you had done could have come to the attention of the police. It often leaves the subjects of these investigations with questions about why the police are investigating them, and what leads the authorities to believe that they have child sexual abuse material or other such images on their devices.

It is important to understand that, whether you believe you have accessed such material or not, investigations are usually triggered by specific intelligence received by law enforcement from a range of sources, and do not happen randomly or by accident. At the same time, there are often defences you can rely on if you believe you are not guilty of the alleged offences, you viewed indecent images by mistake or there were legitimate reasons why you accessed indecent photographs.

The child abuse solicitors at Tyler Hoffman regularly attend police stations and represent those accused of possessing, making or distributing indecent images of children and others during legal proceedings. We understand the legal defences and mitigating factors that can minimise your sentence, along with the ways that the police and other appropriate law enforcement agencies can access evidence before having devices seized. In this blog post, we explain how the police become aware of suspected indecent images offences in England and Wales, what can prompt an investigation, and why early legal advice matters.

How do the police detect child exploitation and indecent images offences?

Police investigations into indecent images of children are intelligence-led. Officers act on information passed to them by domestic and international agencies, technology companies or third parties. It is common for months, or even years, to pass between the activity being identified and the police taking action.

Sometimes, UK law enforcement agencies identify offenders before they have concrete evidence of any illegal images or other activity, through reports from friends, family members or colleagues. In other cases, evidence of the prohibited images that have been accessed comes first, before efforts are made to investigate further. This evidence can come from many different sources, but some of the most common ways that an investigation begins include:

Automated reporting through a child abuse image database

Most large technology companies operate automated systems designed to detect known indecent images. These systems use digital fingerprinting, known as hash-matching, to identify images that match material already classified as illegal. This is a type of unique digital signature that can identify the same image wherever it appears across the internet.

If a match is detected, companies are required to submit reports to authorities in the United States and relevant information is passed to the UK’s National Crime Agency (NCA), which then refers the matter to the appropriate police force.

This type of report can be triggered by everyday activity, including:

• Uploading images to cloud storage.
• Sending images via messaging apps or social media.
• Emailing attachments.
• Backing up a phone or computer that already contains images.

In many cases, the user is unaware that this process has taken place or that information about the images identified has been accessed by the authorities until further investigation takes place or they are charged with a criminal offence.

Peer-to-peer file sharing networks

Another common starting point for investigations is peer-to-peer file sharing systems and networks. The police and the NCA monitor known networks where indecent material is exchanged, and can use forensic examination of data transfers to identify offenders.

If an IP address is identified as downloading or making available files associated with indecent images, that information can be traced through an internet service provider to a physical address. It is not necessary for a file to be fully downloaded, as making a file available to others is a criminal offence and may be enough to trigger police interest.

The next step will usually be to seize and examine a suspect's device. Certain files are automatically cached on any computers from which they are accessed, which can represent the offence of making indecent images even if the files were not opened or intentionally downloaded.

Human intelligence from employers, family members or the public

Investigations can also begin following reports from third parties. If a partner or family member of a suspect reports that they have discovered material on a shared device, or an employer or educational establishment identifies child pornography or indecent images on a work computer or network, these reports can trigger an investigation.

Material may be found during routine IT checks, or in some cases, by computer repair engineers who discover evidence of illegal activities on a device. Reports may be made directly to the police or through organisations such as the Internet Watch Foundation, which works closely with law enforcement.

Discovery during other police enquiries

It is not uncommon for indecent images to be uncovered during an unrelated investigation. A mobile phone or computer seized in connection with another matter - such as fraud, drugs or a safeguarding concern - may later be examined and reveal illegal material.

Once identified, these allegations are investigated separately, even if they were not the original reason for police involvement.

Child protection investigations frequently involve international cooperation, and the NCA works closely with the US' National Center for Missing & Exploited Children and other authorities around the world. UK police forces receive intelligence from overseas law enforcement agencies about access to illegal websites, online forums or other activity taking place in the UK, including payment records or account details linked to such material in some cases.

What happens once the police receive intelligence about illegal material?

After receiving intelligence of this nature from one of the sources listed above, the police usually carry out background checks before applying for a warrant to search a property. If authorised, officers may attend an address, seize digital devices and conduct interviews under caution.

The timing of this can be difficult to estimate, because an investigation does not require the suspect to have accessed indecent images or pseudo images recently. Images obtained or stored years earlier can come to light if a device is later connected to the internet, an old account is accessed or data is synced to cloud storage for the first time. For this reason, it is common for people to be investigated long after the original conduct took place.

Digital forensic analysis can also take many months. During this time, investigators will look at:

• The number and category of images.
• How the material came to be on the device.
• Whether there is evidence of sharing or distribution.
• Any safeguarding concerns.

Being under investigation does not mean a charge is inevitable, but decisions made at this stage can affect the outcome. It is vital to speak to a solicitor at an early stage. Tyler Hoffman's experts can help you to mount your defence from the outset and represent you at all stages of the criminal justice system from your first police interview through to any court proceedings or appeals that follow.

What evidence does the Crown Prosecution Service need to take action?

The Crown Prosecution Service will determine whether or not to press charges. It will need to determine whether there is sufficient evidence to secure a conviction, and decide whether or not a prosecution is in the public interest. In some cases, it may be possible to avoid charges by presenting your defence at the earliest opportunity, and the team at Tyler Hoffman has a wealth of experience in challenging evidence, and presenting mitigating circumstances that can make it much more likely that the police will take no further action.

Can you defend charges relating to indecent images?

Indecent images offences are complex and carry serious consequences. The technical legal distinctions between possession, making and distribution can leave those accused of such offences facing significant penalties and multiple charges for a single incident. For this reason, it is vital to instruct a criminal defence solicitor at your earliest opportunity.

If you are contacted by the police, or believe you may be under investigation, obtaining legal advice allows us to protect your position from the outset. Tyler Hoffman Solicitors can advise you before the interview, challenge the scope of the investigation and guide you through what to expect. Digital evidence requires careful scrutiny, and we can challenge the prosecution's evidence where it is unreliable, which can result in cases being dropped.

Our firm regularly represents individuals facing investigation for indecent images offences across England and Wales, and we have a strong track record of success. From police searches of physical premises and devices, to the court process that often follows, your solicitor will stand by your side and protect your rights. We provide clear advice on the steps you need to take to deliver the best possible outcome. Early involvement can make a meaningful difference to how a case progresses.