Being accused of or placed under investigation for any criminal offence can have profound implications for your personal and professional life, but this is much more serious when the allegation relates to a sexual offence. Among the most common are allegations about making, distributing or viewing indecent images, which can lead to highly disruptive investigations and serious penalties. However, this type of offence is also particularly subject to false accusations or prosecution cases without enough evidence, which leads to a relatively high percentage of dropped cases.

Even when cases are taken to court, a significant number of indecent images cases do not proceed to a conviction. A case may be dropped for a multitude of reasons, from issues with evidence to procedural errors during the investigation. The high number of dropped cases involving indecent images shows that strong legal representation and a robust defence can make a big difference to your chances of success.

Here, the expert indecent images solicitors at Tyler Hoffman explain how many indecent images cases get dropped, why they do not proceed to a conviction, and how expert legal representation from the very beginning can make all the difference.

What Are Indecent Images Offences?

Indecent images offences relate to the creation, possession, distribution or sharing of indecent photographs or pseudo-photographs of children under the Protection of Children Act 1978 and the Criminal Justice Act 1988.

Common offences include:

• Taking or making an indecent image of a child. The law treats downloading or receiving an image as 'making' it.
• Possessing an indecent image of a child.
• Distributing or showing an indecent image to others.
• Possessing prohibited images of children, including certain non-photographic sexual images.

These are criminal offences and are treated seriously by the courts, particularly where there is evidence of distribution, large volumes of material or involvement in production. Allegations will result in a thorough investigation and cases may be sent to the Magistrates' Court or the Crown Court, where penalties can include a custodial sentence and inclusion on the sexual offenders register.

Early intervention by a legal expert can often result in charges being dropped, or minimise the risk of prison time. A solicitor can offer legal counsel and mount a defence not only during the investigation but at all stages of the process, to give you the best chance of a positive outcome.

Do Many Indecent Images Cases Get Dropped?

Considering that offences related to indecent images are serious crimes, many such cases are dropped before they reach court, and before a conviction is secured. According to data obtained by the NSPCC through a freedom of information request, police in England and Wales recorded around 38,685 child sexual abuse image offences in 2023/24, which represents more than 100 per day, while data from the Centre of expertise on child sexual abuse suggests that the exact number could be as high as 39,640. This is a relatively high percentage of the overall 101,199 child sexual abuse offences recorded during this period.

In terms of the outcomes of these cases, the data shows that 13% of these cases resulted in a suspect being charged or summoned to court. This was the highest charge rate in six years, and one of the highest charge rates among all categories of child sexual offences in 2023/24. However, the data also shows that a relatively small number of alleged offences proceed to trial.

In more than 60% of cases, there was not enough evidence to continue an investigation or mount a prosecution. This means that at least 87% of all recorded indecent image cases in this period did not result in a conviction, meaning that they were dropped, dismissed, or resulted in a not guilty verdict. The figure includes cases dropped pre-charge, those resolved through other means, and those where an investigation could not be completed.

What Does it Mean for a Case to 'Get Dropped'?

When we discuss how many indecent images cases get dropped, the phrase generally means that the case does not amount to a conviction. It is important to note that a case can be concluded without a conviction in several ways and at different stages of the process, which ultimately means that a defendant's experience will vary.

The outcomes that may be described as having a case dropped include:

1. No further action: after an initial police investigation, it may be determined that there is insufficient evidence to proceed. The investigation is closed with no charges filed.
2. Dropped by the Crown Prosecution Service (CPS): when the police pass a file to the Crown Prosecution Service for a charging decision, the CPS may drop the case. To prosecute, the CPS must be satisfied that prosecution is in the public interest and that there is a realistic prospect of securing a conviction. Alongside the cases that could not proceed due to a lack of evidence, the data shows that 12% of investigations in 2023/24 ended because the police decided it was not in the public interest to continue the investigation.
3. Dismissal in court: a case may be dropped even after it has reached court if new evidence emerges or if the prosecution's case collapses during the proceedings. At Tyler Hoffman, our defence strategy will involve examining the prosecution's case and challenging evidence where we find technical errors or problems with digital forensics, to increase the chances of having the case dropped.

While a late dismissal is still a positive outcome, there can be serious reputational damage associated with indecent images offences, and it is best to work with a solicitor to have the case dropped as early as possible.

Our experienced defence lawyers can support you at all stages of the legal process if you are charged with such offences as possessing or distributing indecent images. Law enforcement agencies must prove your guilt beyond a reasonable doubt to produce a conviction, which allows our skilled solicitors to mount a defence on your behalf. Where necessary, we can also highlight mitigating factors such as mental health issues to ensure that any sentence imposed is not excessively harsh.

How Can a Solicitor Help with Indecent Image Charges?

If you are facing an investigation or accusation related to indecent images, the potential impact on your reputation, career and personal relationships cannot be overstated. While the statistics show that many indecent images cases get dropped, it is necessary to have a solicitor present and working on your case to maximise the chances of this happening to you. Achieving a favourable outcome depends on securing strong legal representation at the earliest possible stage, and Tyler Hoffman's experts can represent you at all stages of the legal system to work towards the best result available.

An experienced solicitor from our team that specialises in handling indecent images cases will provide immediate legal help and advice during police interviews, and throughout the investigation. By scrutinising all of the physical and digital evidence, we can identify weaknesses in the prosecution's case and challenge procedural errors like unlawful searches or the mishandling of evidence.

In many indecent images cases, we can make representations to the Crown Prosecution Service arguing for the case to be dropped. Where this is not possible, we will build a robust defence strategy tailored to the specific circumstances of your case and represent you in court to make sure you receive a fair trial.