If you, or someone close to you, is being investigated or prosecuted for offences involving indecent images, it is natural to feel uncertain about what may happen. These cases often begin with the confiscation of devices, followed by interviews under caution and a lengthy wait for evidence to be reviewed. Some people are charged, others may never be, but throughout the process, understanding how the legal system treats these offences - and what the sentencing guidelines involve - is a vital part of knowing what steps to take next.

This blog explains the structure used by the courts in England and Wales when sentencing offences relating to indecent images, including how images are categorised, the types of behaviour that are covered (such as making, possessing or distributing indecent images), and what factors could increase or reduce the sentence passed. We also set out what to do if you have been accused and how legal representation can help.

The categories of indecent images

When a person is investigated or prosecuted for an indecent image offence, one of the first steps the authorities take is to classify the material. The Sentencing Council uses a three-tier system to categorise indecent images according to the level of abuse or sexual activity depicted.

These are:

• Category A: the most serious level. These images involve penetrative sexual activity with children, sadism, bestiality, or acts likely to cause discernible pain or distress. This includes still images or videos that depict child sexual abuse involving physical harm or cases where the material has been created or shared for commercial gain.
• Category B: Images involving non-penetrative sexual activity involving children. This might include sexual touching, exposure or sexualised posing that is more graphic than Category C, but without penetration.
• Category C: Indecent images that do not meet the threshold for Categories A or B. These may include sexual posing, children in sexualised settings or clothing or content that implies sexual interest but does not show explicit sexual activity.

The category the images fall into, the number of files and the type of image involved will all influence the way the offence is treated in court. Images portraying young children, or those that show group live-streaming, may also be treated more seriously.

What do the indecent images sentencing guidelines cover?

The Sentencing Council provides structured guidance to help judges determine appropriate penalties for indecent image offences based on the nature of the behaviour and the content involved. The guidelines apply to four main types of offending:

Possessing indecent images

This involves having indecent images stored on a device such as a phone, computer, USB stick or hard drive. Even if the images have not been shared, the act of possession is itself an offence.

Making indecent images

This refers to creating or downloading images, including saving or viewing them in a way that results in a copy being stored, even temporarily, on a device. The term “making” includes any form of reproduction or copying and is one of the most common charges.

Distributing indecent images

This includes sharing indecent images with others, whether by email, messaging platforms, social media, or uploading content to websites or cloud storage. Distribution is generally viewed more seriously than possession due to the wider harm caused.

Possessing prohibited or pseudo-photographs

This involves images that have been computer-generated, manipulated or altered but still depict a child in a sexual context. Even if no real child is involved, these are still treated as a criminal offence under the law in England and Wales.

What are the potential sentences?

Sentences for indecent image offences range from community orders to moderate or lengthy custodial sentences, depending on the circumstances. Sentencing decisions are influenced by factors including the category of images involved, the number of files, the offender’s level of technical involvement, and the broader context in which the behaviour occurred. The outcome will also be influenced by the type of offence committed - possession, distribution or production. The age of the child depicted, the nature of the acts involved, and the scale of the offending behaviour will also affect the sentence.

Below is a breakdown of the current sentencing ranges by offence and category. These ranges are guidelines only - each case will be assessed individually by the courts, and the sentence will be affected by how well your solicitor can present mitigating factors on your behalf.

1. Possession of indecent images

Even at the lower end, sentences for possession can involve community service, curfews or probation supervision, especially if large volumes of images are involved or the offender has previous convictions.

Category A (most serious) range from 26 weeks’ to two years’ custody
Category B range from high-level community order to 18 months’ custody
Category C range from medium-level community order to 26 weeks’ custody

2. Distribution of indecent images

Distribution charges are often brought in cases involving peer-to-peer file sharing, social media or encrypted communication apps. Where there is organised sharing, group forums, or evidence of attempts to conceal identity, courts are more likely to impose a custodial sentence.

Category A range from two to five years’ custody
Category B range from 26 weeks’ to two years’ custody
Category C range from high-level community order to 26 weeks’ custody

3. Production of indecent images

The court will consider whether the defendant had active involvement in abuse, encouraged others to engage in it, or facilitated the creation of new material. Because production charges often reflect contact offending, or at least active intent to facilitate sexual abuse, these offences nearly always result in immediate custody.

Category A range from four to nine years’ custody
Category B range from one to four years’ custody
Category C range from one to three years’ custody

Ancillary orders and additional consequence

A conviction for an indecent image offence will often involve more than just the primary sentence. Courts are likely to impose additional penalties and long-term restrictions, which may have a serious impact on a person’s freedom, reputation and employment. These include:

• Sex Offenders Register: convictions trigger mandatory registration on the Sex Offenders Register, with periods ranging from two years to life, depending on the sentence imposed. This includes a requirement to provide regular updates to police and restrictions on travel and employment.
• Sexual Harm Prevention Orders (SHPOs): these orders can restrict internet use, device ownership, contact with children, or living arrangements. An SHPO may last for a fixed term or indefinitely, and breaching it is a separate criminal offence.
• Rehabilitation requirements: The court may direct the offender to engage in treatment programmes, such as those offered by the probation service. These are designed to reduce reoffending and may be a condition of a suspended sentence or community order.

Each of these penalties is designed to protect the public, reduce future harm and reflect the gravity of the offending behaviour. A skilled solicitor, like the indecent image defence specialists at Tyler Hoffman, can help you present mitigating arguments that may lead to lower-end sentences, suspended custody, or reduced restrictions where appropriate.

What should you do if you have been accused of an indecent image offence?

If your home has been searched, devices seized or you have been contacted by the police about an indecent image offence, it is essential to speak to a solicitor before making any statements. The early stages of an investigation can affect everything that happens next. Here is what you should do:

• Do not delete or alter any files: this may be seen as an attempt to destroy evidence and can make the situation worse.
• Seek legal representation immediately: your solicitor will deal with the police on your behalf, attend interviews with you and begin building a defence strategy.
• Avoid public discussion or social media: anything you post could be used as evidence.

Whether you are accused of possessing, making or sharing such images, or are being investigated after indecent images appeared on your devices, it is important you reach out to a solicitor as soon as possible.