WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR CHILD PORNOGRAPHY?

Arrests related to child pornography offences remain a serious concern in the UK. If you find yourself arrested or charged with such an offence, understanding your legal rights and how to navigate the process is essential. This article will provide guidance on whether you need a solicitor specialising in child pornography cases and explore potential defences that might be available to you. We will also discuss the likelihood of obtaining bail if charged with such an offence and answer other pressing questions you may have. Having knowledgeable legal representation from the outset can significantly impact the outcome of your case.

Do I need a solicitor for child pornography?

 Facing charges related to child pornography is an extremely serious matter, and it is strongly advised to seek the assistance of a qualified criminal defence solicitor as soon as possible. The consequences of being charged or convicted of such offences can be severe, including lengthy custodial sentences, registration on the Sex Offenders Register, and significant impacts on personal and professional life. Here are several reasons why hiring a solicitor is crucial in these circumstances:

• Understanding the law: The laws surrounding child pornography are complex and can vary depending on the specifics of the case. A solicitor with expertise in this area can provide a clear explanation of the charges you face, the potential penalties, and any possible defences.
• Protecting your rights: From the moment of arrest, your rights need to be protected. A solicitor will ensure that the police and prosecution comply with legal procedures and protect your rights throughout the investigation and trial process.
• Building a defence strategy: A solicitor will work with you to gather evidence, find witnesses, and develop a strong defence strategy tailored to your situation. They can challenge any weaknesses in the prosecution’s case and present evidence in your favour.
• Negotiating pleas: In some cases, negotiating a plea bargain might be in your best interest. A solicitor can navigate these discussions to potentially reduce charges or penalties.

What are possible defences for child pornography?

 Possible defences that a criminal defence solicitor might explore include:

• Lack of knowledge: A common defence in these cases is demonstrating that the accused was unaware of the presence of illegal material on their device. This could occur if the images or videos were downloaded without the individual’s knowledge, perhaps as part of a larger download or through files disguised as something else.
• Lack of intent: If the prosecution cannot prove that the accused intended to view or distribute illegal content, this may form a basis for a defence. For example, if the content was accidentally accessed or was part of a group of files downloaded unknowingly.
• Mistaken identity: This defence may apply if there is a question as to whether the accused was the person who downloaded or accessed the illegal content. In cases where multiple individuals have access to the same computer or account, it may be argued that someone else was responsible.
• Age verification: Sometimes, defendants are able to prove that they had reason to believe that those depicted in the images or videos were over the legal age. This might involve demonstrating reliance on representations made by the subject or documentation that appeared to verify their age.
• Technical issues: It is possible that malware or other technical problems led to illegal files being stored on a device without the user’s knowledge. An experienced solicitor may employ expert witnesses to demonstrate how such files could have appeared on a computer without the owner’s intent or knowledge.

Will I get bail for child pornography?

 When considering bail, the court will assess whether there are substantial grounds to believe you might fail to appear at your trial, commit further offences, or interfere with witnesses or the course of justice. For instance, if the evidence against you is deemed strong and there are concerns about your character, past behaviour, or any previous breaches of bail, this might influence the court’s decision unfavourably.

Further, the court will consider the seriousness of the offence. Charges related to child pornography are invariably taken seriously due to the harmful nature of the crime and its effects on victims. The potential sentence you might face can also weigh into the decision, as those facing lengthy prison terms might be considered a higher flight risk.

Certain conditions may be imposed to allay concerns and make the granting of bail more likely, such as surrendering your passport to prevent you from leaving the country, having regular check-ins at a police station, imposing a curfew or restrictions on where you can go, and prohibiting your access to the internet or certain devices.

Will I have to go to court if I’m arrested or charged for child pornography?

 With serious charges like those related to child pornography, there is a significant likelihood that your case will be heard in court. Reasons why you may need to attend court include:

• Entry of your plea: Generally, you will need to appear in court to enter your plea, whether it is guilty or not guilty. This is an essential stage of the criminal proceedings and determines the next steps in your case.
• Bail conditions: If bail conditions are applied, you may be required to regularly attend court hearings. Breaching bail conditions can have serious implications and may result in further legal trouble.
• Trial: If your case proceeds to trial, you will be required to attend court for the duration of the trial to defend against the charges. This process allows both the prosecution and defence to present their evidence and arguments.

Will I go to jail if found guilty of child pornography?

Several factors significantly influence whether you might face a custodial sentence.

Firstly, the nature and gravity of the offence play a significant role. The law categorises child pornography offences based on the severity and quantity of the material involved. Images and videos are typically classified into different categories, with Category A including the most serious material. The more severe the category and the greater the volume of material, the more likely a harsher sentence will be imposed.

Secondly, the court will consider your intent and level of involvement. For instance, individuals involved in producing or distributing such material generally face more severe penalties than those found only in possession. Demonstrating a deliberate intent to distribute the material can also lead to increased penalty severity.

While a custodial sentence is probable for more serious offences, other factors can influence the final decision. Aggravating factors, such as prior convictions or evidence of organised criminal activity, tend to increase the likelihood of imprisonment. Conversely, mitigating factors – such as you having no prior history, showing genuine remorse, and participating in rehabilitation programmes – can persuade the court to impose a non-custodial sentence.

Will I go to jail if it’s my first offence of child pornography?

 For a first offence, the court will consider the nature and severity of the offence. Child pornography offences vary widely, and the various sentencing guidelines (for example, the guidelines on possession of indecent images) reflect this variety. Factors such as the type and volume of material, the nature of any involvement, and whether the individual distributed or produced content can all influence the decision. The court may also examine any harm caused to the victims and the level of planning involved in the offence. The court will also take into account mitigating factors, which can potentially influence the sentencing decision.

Can I get Legal Aid for child pornography?

In England and Wales, Legal Aid is a government-funded programme designed to help cover legal costs for those who cannot afford a solicitor. Whether you are eligible for Legal Aid in such cases depends on several factors.

Firstly, the nature and seriousness of the charge play a significant role in determining eligibility. Child pornography charges are considered serious offences, and due to the gravity of these charges, they typically satisfy the criteria for Legal Aid based on the nature of the case. However, satisfying this criterion alone does not guarantee assistance.

Alongside the seriousness of the offence, Legal Aid eligibility is also assessed on a means-tested basis. This involves evaluating your financial situation to see if you qualify. Factors considered include your income, savings, and any assets you may have.

Where to get more help

 If you or someone you care about is facing charges as serious as child pornography, you must seek legal representation as soon as possible. With the right legal guidance, you can make informed decisions that could positively impact your case. Stuart Miller Solicitors are committed to providing expert legal advice and dedicated support to individuals dealing with criminal proceedings. If you’re in need of professional assistance or have any questions concerning your situation, get in touch to arrange a free and friendly consultation.

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10:06 28 Jan 25

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14:25 20 Jan 25

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Gosling

16:48 16 Jan 25

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13:29 16 Jan 25

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12:25 11 Dec 24

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N A

14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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19:53 11 Aug 24

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17:21 25 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

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