Can You Be Arrested for Uploading a Photo With a Chuld in It
Can my kid exist prosecuted for sending indecent images of themselves?
The short answer is yes. Under the Protection of Children Act 1978 and the Criminal Justice Act 1988, taking, possessing, or sharing sexualised images of any person under the historic period of eighteen is a offense. This is truthful despite the age of consent for having sex being merely 16, and unfortunately the fact that the immature person either consented to the pictures being taken, or took the pictures themselves, is not a defense."
In the Uk it is not only an offence to take an indecent image of a minor, but besides to possess one or to distribute it. These cases are generally dealt with severely by the Courts, with those guilty of such offences being made bailiwick to notification requirements, in some cases Sexual Harm Prevention Orders also, and beingness at risk of a custodial judgement being imposed. Whilst youths are usually dealt with more leniently by the Courts, the bear on of whatever such conviction upon their time to come is undeniable.
That in itself is extremely concerning for anyone with responsibleness for a young person. The reality is that for many teenagers, sharing explicit pictures of themselves has become a normal ways of expressing themselves sexually . Sexting has become a normal part of life for a large proportion of youths. A report from the NSPCC has indicated that xiv% of immature people in the UK have taken a naked or partially naked photo of themselves; information technology went on to say that a vast number of these images were and so forwarded to one or more people. Most youths doing this do so with no knowledge that they are actually breaking the law, and no thought to the implications this could have for them.
Although there is a lot of criticism of the law in this area -with people arguing that information technology is outdated and entirely unfit for purpose -there has been an increase in police investigations around sexting, from only 183 a month in 2017 to 241 by Baronial 2019. 6,499 of these cases related to children under the age of 14.
What can be done to prevent a prosecution?
The police were issued with guidance in 2016 highlighting how offences of this nature should be dealt with. It was noted that, in many cases, sending experienced first responders, safer school officers or neighbourhood teams can be a improve way of dealing with the issue, rather than absorbing and criminalising youths. They can, and should, consider interviewing youths voluntarily, rather than arresting them. An arrest would result in details of the allegations, regardless of the outcome, remaining on the youth's police record Even if a matter is not prosecuted, an enhanced DBS check in the hereafter could result in information relating to the investigation being disclosed to prospective employers. The police force therefore need to be mindful of this when investigating 'sexting' amongst youths.
In order to secure a charging conclusion, the police must refer their file to the Crown Prosecution Service. The CPS must await not only at the strength of the evidence and whether at that place is a 'realistic prospect of a conviction' (a test which is almost e'er satisfied by offences of this nature), but at whether information technology is in the interests of justice for the case to proceed to Courtroom. The reality is that by prosecuting youths for sending of images of themselves, the law is criminalising the very people the legislation seeks to protect. There is a strong statement, therefore, to say that the majority of these cases are not in the public interest to pursue.
What should I practice if my kid is being investigated past the police?
It is important to seek legal advice as shortly as you become aware that there is a suggestion that yous or your child have been involved in the taking or sending of indecent images. At Olliers nosotros pride ourselves on our pro-active approach and our experienced team tin assist with:
- Urging the law to conduct whatever interview on a voluntary basis;
- Taking steps to avert an arrest being necessary;
- Offering support and assistance throughout;
- Making representations against a charge beingness authorised;
- Drafting post-charge representations against the constancy of a prosecution;
- Getting the all-time possible outcomes for cases that take to keep to Court;
- Applying to the police to have bear witness relating to an arrest removed when no further activeness was taken;
- Advising re the ramifications of a caution or conviction
Contact our indecent images team
Commodity written by Laura Baumanis.
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Source: https://www.olliers.com/news/can-my-child-be-prosecuted-for-sending-indecent-images-of-themselves/
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