Possession of Indecent Images of Children (Section 160 Criminal Justice Act 1988)

Possession of Indecent Images of Children is an offence under s.160 Criminal Justice Act 1988. Subject to s.160A, it is an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession (s.160(1)). It is a defence for him to prove that he had a legitimate reason for having the photograph or pseudo-photograph in his possession, that he had not himself seen it and did not know, nor had any cause to suspect, it to be indecent, or that it was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time (s.160(2)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding five years or a fine, or both (s.160(2A)); on summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both (s.160(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).