The Sentencing
The Sentencing Guidelines Council - Definitive Guideline are set out below.
These guidelines are based on a first-time offender who has been convicted after a Trial. Credit will be given (in terms of a reduction in sentence) for entering a Guilty plea. A one third discount is available to those persons who are deemed to have entered that plea at the first available opportunity.
However, the ultimate sentence will be decided with reference to all other specific circumstances of the case, including any aggravating or mitigating features.
In many cases it is possible to persuade the Court that a custodial sentence is unnecessary. The Court would have regard to, amongst others things, the amount of images, whether they have been deliberately stored, the use that they had been put to, and also the category (see below) or classification they are said to fall within.
The Court would also be keen to assess any perceived risk that a person may pose. Reports may be necessary in this regard.
Indecent Images Sentencing
The case that gave rise to the various levels of seriousness, and the one which gave guidance as to how such images should be considered, and the category they fall within, is the case of R -v- Oliver, Hartley and Baldwin (2003) 2 Cr App R(S) 15
Indecent Images Offence Category
The levels of seriousness the court will determine the offence category using the table below: -
| Category | Possession | Distribution* | Production** |
|---|---|---|---|
| A | Possession of images involving penetrative sexual activity | Sharing images involving penetrative sexual activity | Creating images involving penetrative sexual activity |
| Possession of images involving sexual activity with an animal or sadism | Sharing images involving sexual activity with an animal or sadism | Creating images involving sexual activity with an animal or sadism | |
| B | Possession of images involving non-penetrative sexual activity | Sharing of images involving non-penetrative sexual activity | Creating images involving non - penetrative sexual activity |
| C | Possession of other indecent images not falling within categories A or B | Sharing of other indecent images not falling within categories A or B | Creating other indecent images not falling within categories A or B |
* Distribution includes possession with a view to distributing or sharing images.
** Production includes the taking or making of any image at source, for instance the original image. Making an image by simple downloading should be treated as possession for the purposes of sentencing.
Indecent Images Sentences
| Category | Possession | Distribution | Production |
|---|---|---|---|
| A | Starting point 1 year's custody |
Starting point 3 years' custody |
Starting point 6 years' custody |
| Category range 26 weeks' - 3 years' custody |
Category range 2 - 5 years' custody |
Category range 4 - 9 years' custody |
|
| B | Starting point 26 weeks' custody |
Starting point 1 year's custody |
Starting point 2 years' custody |
| Category range High level community order - 18 months' custody |
Category range 26 weeks' - 2 years' custody |
Category range 1 - 4 years' custody |
|
| C | Starting point High level community order |
Starting point 13 weeks' custody |
Starting point 18 months' custody |
| Category range Medium level community order - 26 weeks' custody |
Category range High level community order - 26 weeks' custody |
Category range 1 - 3 years' custody |