Sexual offences
Possession of indecent photographs of children
Criminal Justice Act 1988, s.160; Protection of Children Act 1978, s.1
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years’ custody
Actus reus
- Simple possession: have an indecent photograph or pseudo-photograph of a child in possession (CJA 1988, s.160(1), subject to s.160A).
- PCA 1978, s.1 covers taking or permitting to be taken, distributing or showing, possessing with a view to distribution, and advertising such photographs — check the charged section.
Mens rea
- Knowledge of possession of the image. Indecency is for the tribunal of fact. s.160 does not require an intent to distribute.
Defences
s.160(2): legitimate reason; or had not seen the image and did not know or have cause to suspect it was indecent; or unsolicited and not kept for an unreasonable time · Not a photograph/pseudo-photograph of a child · No possession / no knowledge of the file
Sentencing Council
Sentencing Council guideline effective 01 April 2014. Offence range: Community order – 3 years’ custody Indecent photographs of children , Protection of Children Act 1978, s.
At the police station
Confirm s.160 possession versus PCA 1978 making/distribution. Device extraction is rarely complete at first interview. Do not invent category labels — IIOC categorisation is a sentencing/forensic issue, not an extra element.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.