Consequences
So, you now know what is illegal in the UK with regards to the internet.
Many people who commit internet offences believe that they will never be caught: this is not true. Police forces all over the country are running operations to specifically catch internet offenders and it could be you next.
Many people who offend online think that their only consequence will be involvement with the police and the worst case scenario is going to prison.
In actual fact, for many internet offenders who are arrested, this is not the only consequence. It affects your access to your children, your relationship, your finances and your job.
You can find out about the consequences by watching these short films:
Below, you will find out more about potential consequences for you and your family, if you were to be arrested, plus a step by step description about the Criminal Justice Process.
First contact with the authorities
Typically, this is likely to be the police knocking on your door.
Seizing of equipment
During this initial visit, the police will search the property (and any other property you reside in) and gather up all electronic devices (e.g. mobile phones, computers, laptops, iPads, cameras, hard-drives, electronics used for work).
- The police will also seize any electronic devices from other individuals living in that property, including any childrens’ electronic devices.
- The police will make a note of every device seized and will take them to the police station for further analysis. This process of analysis can take several months. Any devices found with illegal material on, will not be returned.
Arrest
Following the police searching your home, you will be taken to the police station. At this point you will either be ‘arrested’ on suspicion of committing a specific offence or you will remain ‘under investigation’ and be formally arrested at a later date (with the former being most common).
- You will be interviewed by the police.
- You will be offered a duty solicitor (or if you already have a solicitor you can ask them to come in). You can also be interviewed without a solicitor if this is your wish.
Bail
Following interview, you will be put on bail. You will be given a future date to return to the police station to answer bail (i.e. to find out what happens next).
- It is likely that you will be given bail conditions to adhere to. Common conditions for suspected internet offenders include no unsupervised contact with children and no living or sleeping at an address with children. Conditions will vary between individuals; however you MUST comply, as breaking a bail condition is a criminal offence.
- You will be allocated to a specific officer; this person will be your ‘investigating officer’ and you will be given their contact details should you need to get in touch.
- During this time, your electronic devices will be analysed by a forensic team.
- The bail date can be extended by the police force, for example, if there is a delay in analysing your devices.
- It is recommended that you use this time to find a criminal solicitor, preferably with experience of dealing with this type of case, if you decide not to continue using the duty solicitor.
- In addition, it is recommended that you use this time to begin to address your offending behaviour, if you haven’t done so prior to your arrest.
Answering bail
On return to the police station to answer bail, the police will state the results of their analysis. They will take 1 of 3 courses of action:
1. No further action: If the police do not find any evidence, or if they feel that there is not enough evidence to charge you on, no further action will be taken.
2. Formal police caution: This can be offered at the discretion of the police and the Crown Prosecution Service. For a caution to be given, a court hearing is not necessary and the caution can be offered and accepted at the police station.
- Although not a criminal conviction, a caution will still appear on a person’s criminal record and will show up on a standard and enhanced disclosure (see Consequence 6).
- Acceptance of a caution for a sexual offence also includes 2 years on the Sex Offenders Register (see Consequence 4).
3. Charged: If you are charged with offences relating to the access of sexual images of children, you will be seen in court. When you are charged, the police will state what category/categories the images the offences relate to are in:
Category A: Images involving penetrative sexual activity. Images involving sexual activity with an animal or sadism.
Category B: Images involving non-penetrative sexual activity.
Category C: Other images not falling within categories A or B.
Category A sexual images carry heavier sentencing possibilities than category B or C (see further info on sentencing)
Court
Your sentence can lead to 1 of 3 outcomes:
If charged, it is likely that you will be seen in a Magistrates’ Court, and then sent to the Crown Court due to the nature of the offences and the Magistrates’ Court’s inability to give you a specific length of sentence. That said, this does not definitively mean you will receive a custodial sentence.
1. Community Order: This is an order to serve the sentence for the offence in the community, under the supervision of the Probation Service.
- It will probably be given with a condition to attend a community based treatment programme, such as the Internet Sex Offender Treatment Programme (I-SOTP) or the community Sex Offender Treatment Programme (community SOTP).
- Community orders tend to be given for at least 2 years, in order to allow the offender to complete a rehabilitation programme within the community during the life of the order (but can be for a maximum of 3 years).
2. Suspended Sentence: This also allows the offender to serve a sentence in the community, under the supervision of the Probation Service. The difference with a suspended sentence is that a custodial sentence has been given but the judge is allowing this to be deferred and served in the community, in order to give the offender a chance to prove he is law abiding and will adhere to the conditions set for him.
- If the offender fails to comply or commits any further offences, he will be required to serve the length of time in custody that was suspended.
- Also, like a community order, a suspended sentence can include conditions that the offender must abide by, usually attendance on a rehabilitation programme with regard to sexual offences.
- For example, if a judge sentences an offender to 6 months in custody suspended for 2 years, this means that the judge is saying the offence committed was serious enough to warrant 6 months in custody, but because of X, Y or Z (possible mitigation), the offender will be allowed to serve this in the community whilst adhering to the prescribed conditions. If the conditions are not adhered to, he will be made to serve the 6 months in custody.
- If the offender commits another offence within that 2 year suspension period, he will serve not only the sentence passed for the most recent offence, but also the 6 months custody previously given for the original offence.
3. Custodial Sentence: The offender will be taken directly from court to the prison where the sentence will commence.
- If an offender has been sentenced to less than 4 years in custody, providing there are no additional concerns and the offender does not cause difficulty whilst in custody, the offender will be released after serving half of their sentence.
- If the sentence is for 4 years or more, then the offender will have to serve at least two thirds of the custodial sentence.
Here is some further information about sentencing options. The table below details possible sentencing outcomes according to the separate offences of downloading, distributing and the production of sexual images of children:
| Possession | Distribution | Production | |
|---|---|---|---|
| Category A | Starting point - 1 year’s custody | Starting point – 3 years’ custody | Starting point – 6 years’ custody |
| Category range – 26 weeks’ to 3 years’ custody | Category range – 2 to 5 years’ custody | Category range – 4 to 9 years’ custody | |
| Category B | Starting point – 26 weeks’ custody | Starting point – 1 year’s custody | Starting point – 2 years’ custody |
| Category range – High level community order to 18 months’ custody | Category range – 26 weeks’ to 2 years’ custody | Category range – 1 to 4 years’ custody | |
| Category C | Starting point – High level community order | Starting point – 13 weeks’ custody | Starting point – 18 months’ custody |
| Category range – Medium level community order to 26 weeks’ custody | Category range – High level community order to 26 weeks’ custody | Category range – 1 to 3 years’ custody |
Starting point: this is the option the Judge will start with when considering your sentence
Category range: this is the minimum or maximum that the Judge can give you when considering your sentence, after taking into account aggravating and mitigating factors.
Aggravating factors: something that will go against you in court and will increase your sentence
Mitigating factors: something that will help your case in court and will decrease your sentence
| Aggravating Factors | Mitigating factors |
|---|---|
| Previous conviction (the nature and the time elapsed) | No previous convictions |
| Offence committed whilst on bail or licence. | Remorse |
| Age/vulnerability of child in images | Age or lack of maturity when it affects the responsibility of the offender |
| Pain or distress suffered by child | Mental disorder or LD, particularly when linked to commission of the offence |
| Period over which images were possessed etc. | Demonstration of steps taken to address offending behaviour |
| High volume of images | Previous good character and/or exemplary conduct* |
| Deliberate or systematic searching images of young children, category A or familial sexual abuse | *the more serious the less weight this is given. If good character used to facilitate offence, may be aggravating |
| Moving images |
- If you have children under the age of 18 and you are being investigated for offences relating to the access of sexual images of children, Children’s Services will become involved with your family.
- If you have children over the age of 18, and they have their own children that you have regular access to, and you are being investigated for offences relating to the access of sexual images of children, Children’s Services will become involved with your family.
- If there are any other children you have access to within your family or your social circles, and you are being investigated for offences relating to the access of sexual images of children, Children’s Services will become involved with your family.
The reason Children’s Services become involved is because they see you as a risk to all children, including your own. Children’s Services do not know you; all they know is that you have been accessing sexual images of children online. In their eyes, this means you are potentially capable of committing a contact offence against a child. If this is not the case, then it is going to take a long time to prove otherwise.
- When you are arrested, you will need to provide details of children you have contact with and Children’s Services will need to assess your risk to these children
Children’s Services may set their own restrictions that you need to comply with. Typically, these include:
- No unsupervised contact with your children
- Moving out of the family home, if you currently live with children
If you are convicted, Children’s Services may initiate a ‘Section 47 enquiry’, in order to decide if further involvement in the family is required and what type of action is needed in order to safeguard and promote the welfare of the relevant child/ren.
Children’s Services may ask the parents to undertake some specific work to address risk factors (such as treatment programmes for offenders or protective parenting work for parents). The outcome of Children’s Services assessments will vary depending on individual risks and circumstances.
How are your family going to feel if your partner, your children or your parents have found out you have been accessing sexual images of children?
What opinion are they going to have about you? Will they still love you? Will they still want to have contact with you?
How are you going to tell your children what you have done? What will they think if you suddenly move out of the family home with no explanation?
Many individuals in your situation are lucky as they have family members and friends who want to support them through this. Others are not so lucky.
Nobody can predict how a person is going to react. Do you want to take this risk or do you want to get help now?
Since 1997, anyone cautioned or convicted for a sexual offence, is put on the Sex Offender’s Register (SOR). This includes anyone who commits a sexual offence on the internet.
Under the Sexual Offences Act, all sex offenders must register with the police within three days of their conviction or release from prison. If you are convicted, you will be required to go to your local police station and sign the register. If you do not register, you will be charged with another criminal offence.
You are required to provide the following information at registration:
- Full name and any other names used (aliases)
- The addresses of any properties that you stay in for more than 7 days a year (non-consecutive)
- Date of birth
- National insurance number
- Passport details
In addition, you must:
- Notify the police of all foreign travel
- Notify the police where living or staying with a person aged under 18, for 12 hours or more
- Notify the police of certain credit card and bank account details
You will be required to go the police station on a regular basis in order to sign a document stating that you are still complying with SOR regulations. If you have no fixed abode, you will be required to go to the police station once a week.
Failure to notify the police of any of the above and failure to notify the police of any changes to any of the above, is a criminal offence.
How long will I be on the SOR? – This will depend on the offence you have committed and the sentence you have been given. If you are convicted of offences relating to the access of sexual images of children, you could receive:
| Length of sentence: | Length of time on SOR: |
|---|---|
| Custodial sentence of 30 months of more: | Indefinite notification |
| Custodial sentence of more than 6 months but less than 30 months: | 10 years |
| Custodial sentence of 6 months or less: | 7 years |
| Caution: | 2 years |
For further information about the SOR visit www.unlock.org.uk.
There is a chance that your case will be shown in the media. This is never guaranteed, but it can also never be avoided or controlled.
If it’s in the media, it’s in the media. If it’s not, it’s not. You just need to be aware that it’s a possibility and think about what effect it will have on you, your children, your partner and the rest of your family.
You need to be aware that your offending will not only affect your job, but possibly your families’ jobs too.
Working with children:
If your job involves a lot of contact with children, for example if you are a school teacher or a doctor, you will have to leave your job immediately. During your initial interview with the police, they will ask you about your occupation and if necessary, you will be asked to resign and the police may be required to disclose your offending to your employer.
Not working with children:
If you are being investigated by the police, then you need to check your work contract. Some contracts will state that you need to disclose to your employer if you have any involvement with the authorities with regards to criminal behaviour. If this is the case, you need to do so, otherwise further down the line when you are convicted, your employer will find out and you will likely be dismissed.
If your contract said you do not need to disclose any involvement with the authorities, then you can continue working without legally needing to disclose your offending to your employer.
Telling your employer about your offending does not automatically mean that you will lose your job. Some employers will allow for you to continue working. Nevertheless, you need to be prepared for being asked to leave.
Your partner’s occupation:
What many people who access sexual images of children don’t realise, is that their offending can have an impact on their partner’s job.
For example, if your partner is a childminder, a private music teacher or works with children under 8, your partner may not be able to continue with that work. Firstly, those children will not be allowed to visit the address whilst you are still living at that address. Secondly, it may be that the parents of these children need to be spoken to by the police or Children’s Services; therefore it will have a negative effect on your partner’s reputation because these parents may not want to use their service any more.
These examples are also relevant to any other individuals living in the same property as you, including adult children.
Trying to find a job in the future:
If you are convicted of offences then you are going to experience some barriers with regards to work.
There will be some jobs that you wouldn’t even get an interview for; mainly anything involving children or vulnerable adults. In addition, if you also face difficulties if you want to teach adults.
When you apply for certain jobs, they ask you to state whether you have any spent or unspent convictions. You can be prosecuted if you fail to disclose spent convictions when asked and you will be found out if your employer runs a DBS check (Disclosure and Barring Service).
It is also important to be aware that other people living at the same address as you can also fail a DBS check because the check will bring back information stating that there is a person with unspent sexual offences living at that address.
Please see the table below which describes what the three levels of disclosure are what information each check will bring back:
| Information Included: | Basic Disclosure | Standard Disclosure | Enhanced Disclosure |
|---|---|---|---|
| Unspent criminal convictions |  |
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| Spent criminal convictions |  |
|
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| Cautions, reprimands and final warnings (please see descriptions below chart) | |
|
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| Inclusion on children's' lists (where relevant to post applied for) |
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| Inclusion on adults' lists (where relevant to post applied for) |
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| Other relevant information held by police forces | |
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For further information, please see https://www.gov.uk/government/organisations/disclosure-and-barring-service.
What happens if you lose your job?
What happens if you have to move out of the family home and rent a different property?
How are you going to cope financially?
It is possible that this could happen to you.
A Sexual Harm Prevention Order (SHPO), previously known as a Sexual Offence Prevention Order (SOPO), is a court order that can be requested by the police or the court when there is a specific concern about an individual. This court order will be requested in order to prevent a person from engaging in a particular activity.
It is very common for a person who is convicted of offences relating to the access of sexual images of children, to be subject of a SHPO. Examples of conditions set by the order include:
- Not being allowed to go to places where there are likely to be lots of children e.g. a playground in a park
- No access to the internet without installed computer monitoring software
- No deleting of internet history
The police are required to go to your place of residence without giving you notice, to ensure that you are complying with your conditions.
People with criminal convictions will typically pay more for their house, car and any other type of insurance. This is because the insurance companies believe that committing an offence means you are more likely to partake in risky behaviours and make riskier choices and be the victim of crime.
As you can see, there are a lot of potential consequences to accessing sexual images of children.
Many people engaging in this illegal behaviour think that the worst circumstance is going to prison. But it’s not.
Not all of these happen to everyone, and some individuals may experience different consequences to the ones mentioned; but these are the most common and the most likely.
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All I thought was, I could get caught and that would be bad. I did not think that there would be all sorts of consequences...