Being accused of an indecent images offence can have immediate and lasting effects on your personal and professional life. From the moment a police investigation begins, your devices may be seized, online activity examined and reputation placed under scrutiny, all before formal charges are made.

Despite the serious nature of these cases, not all investigations result in prosecution. A substantial number of indecent image cases are dropped due to insufficient evidence, procedural errors or findings that show no deliberate wrongdoing. When an allegation arises, what happens next depends on how the evidence is handled, how you respond, and how early you secure the right legal advice.

In this article, the sexual offences lawyers at Tyler Hoffman explain how the legal process works, what factors can lead to charges being dropped, and why strong legal representation from day one can be the difference between a case continuing or ending before it ever reaches court.

How the law treats indecent image charges

Under the law in England and Wales, offences involving indecent images are prosecuted under the Protection of Children Act 1978 and the Criminal Justice Act 1988. These laws make it a criminal offence to take, make, possess, distribute or show indecent images of anyone under the age of 18.

The term “indecent” is not strictly defined by statute, meaning it is up to a court or jury to decide whether an image is indecent based on context and community standards. This can include photographs, videos or even AI-generated or digitally altered material that depicts a child.

Because these are categorised as serious sexual offences, they are investigated by specialist police units and prosecuted by the Crown Prosecution Service (CPS). Before a charge is brought, the CPS must be satisfied that there is enough evidence for a realistic prospect of conviction and that it is in the public interest to proceed.

How many indecent images cases get dropped?

Although the CPS doesn’t publish exact figures, it’s well recognised among defence lawyers that a large proportion of indecent image investigations are dropped before they ever reach court.

Some are discontinued during the police investigation stage, while others are dropped by the CPS before charge. This may occur where:

• The digital evidence does not prove intent or knowledge.
• The accused denies awareness of the material and forensic findings support this.
• There is technical doubt about how the material was downloaded, stored or accessed.
• There are questions about whether the evidence was obtained lawfully.

In some instances, the CPS may conclude that the evidence does not meet the threshold for prosecution or that proceeding is not in the public interest. When this happens, the suspect is informed that no further action will be taken, which means that the case is dropped and does not progress to court.

However, these decisions don’t happen on their own. They’re shaped by what the defence does early on, including how quickly your solicitor engages with investigators, identifies weaknesses in the evidence, and raises procedural issues before a charging decision is made. At Tyler Hoffman, our defence lawyers know exactly how these cases are built. By moving quickly, questioning the evidence and exposing any procedural flaws that show up during our scrutiny of the case file, we can influence whether the CPS proceeds or stands down.

Why indecent images cases are dropped

There are several reasons why indecent image cases may not proceed beyond the investigation or charging stage. These include:

• Insufficient evidence: the CPS must prove that the accused knowingly made, viewed or possessed the images. If there is no proof of deliberate activity, the case may not meet the standard for prosecution.
• Unlawful search or seizure: if police have accessed a suspect’s devices without proper authority or a valid warrant, any evidence obtained may be ruled inadmissible. This can lead to the case being withdrawn.
• Procedural or technical errors: digital forensics must follow strict protocols. Any break in the chain of evidence or mislabelling of files can undermine the CPS case.
• Accidental downloads or automatic caching: sometimes indecent images can be stored automatically through pop-ups, file-sharing platforms or hidden website content. These scenarios raise serious doubt about intent.
• Mental health considerations: if an accused person has mental health issues that affect their understanding or intent, the CPS may reconsider prosecution or opt for diversionary outcomes.
• Public interest: even when the evidence threshold is met, the CPS must consider whether a prosecution is proportionate. Where risk to the public is low or mitigating factors exist, they may decide not to proceed.

When you engage Tyler Hoffman, we will focus our defence strategy on these and other details as they relate to your specific circumstances. Often, small inconsistencies or errors can create reasonable doubt, which may lead to the CPS discontinuing the case or a not guilty verdict if it goes to trial. For example, showing that files were never opened, or that malware was present, can make a decisive difference.

What happens if your case goes to court

If the CPS decides to charge you, the case will normally be heard in the Crown Court. The sentence will depend on the category of the images, the level of intent and any mitigating factors such as mental health or previous good character.

Outcomes range from community orders to custodial sentences, with those found guilty typically placed on the sexual offenders register. Even without a custodial sentence, this can have serious repercussions for your employment, relationships and ability to travel.

Should charges be brought, there are still opportunities to challenge the prosecution’s case. We will vigorously contest every aspect of the proceedings. We will seek to expose evidential weaknesses, assert your position and pursue a not guilty verdict. Where conviction cannot be avoided, Tyler Hoffman’s criminal defence experts will work to reduce the penalty and limit its impact on your life.