Indecent photographs of children

Protection of Children Act 1978, s.1 Criminal Justice Act 1988, s.160

Triable either way:

Maximum when tried summarily: Level 5 ine or 6 months

Maximum when tried on indictment: 5 years for possession; otherwise 10 years

This guideline is taken from the Sentencing Guidelines Council’s deinitive guideline Sexual Offences Act 2003, published 30 April 2007

Key factors:

(a)The levels of seriousness (in ascending order) for sentencing for offences involving pornographic images are:

Level 1 Images depicting erotic posing with no sexual activity

Level 2 Non-penetrative sexual activity between children, or solo masturbation by a child Level 3 Non-penetrative sexual activity between adults and children

Level 4 Penetrative sexual activity involving a child or children, or both children and adults Level 5 Sadism or penetration of, or by, an animal.

(b)Pseudo-photographs generally should be treated less seriously than real photographs.

(c)Starting points should be higher where the subject of the indecent photograph(s) is a child under 13.

(d)In accordance with section 80 and schedule 3 of the Sexual Offences Act 2003, automatic notiication requirements apply upon conviction to an offender aged 18 or over where the offence involved photographs of children aged under 16.

Offence seriousness (culpability and harm)

A. Identify the appropriate starting point

Starting points based on irst time offender pleading not guilty

Examples of nature of activity	Starting point	Range
Possession of a large amount of level 1 material	Medium level	Band C ine to high level community
and/or no more than a small amount of level 2, and	community order	order
the material is for personal use and has not been
distributed or shown to others
Offender in possession of a large amount of material at	12 weeks custody	4 to 26 weeks custody
level 2 or a small amount at level 3
Offender has shown or distributed material at level 1
on a limited scale
Offender has exchanged images at level 1 or 2 with
other collectors, but with no element of inancial gain
Possession of a large quantity of level 3 material for	26 weeks custody	4 weeks custody to
personal use		Crown Court
Possession of a small number of images at level 4 or 5
Large number of level 2 images shown or distributed
Small number of level 3 images shown or distributed
Possession of a large quantity of level 4 or 5 material	Crown Court	26 weeks custody to
for personal use only		Crown Court
Large number of level 3 images shown or distributed
Offender traded material at levels 1-3	Crown Court	Crown Court
Level 4 or 5 images shown or distributed
Offender involved in the production of material
of any level

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Offence seriousness (culpability and harm)

B. Consider the effect of aggravating and mitigating factors (other than those within examples above)

Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive

Factors indicating higher culpability

1.Collection is systematically stored or organised, indicating a sophisticated approach to trading or a high level of personal interest

2.Use of drugs, alcohol or other substance to facilitate the offence of making or taking

3.Background of intimidation or coercion

4.Threats to prevent victim reporting the activity

5.Threats to disclose victim’s activity to friends/ relatives

6.Financial or other gain

Factors indicating greater degree of harm

1.Images shown or distributed to others, especially children

2.Images stored, made available or distributed in such a way that they can be inadvertently accessed by others

Factors indicating lower culpability

1.A few images held solely for personal use

2.Images viewed but not stored

3.A few images held solely for personal use and it is established that the subject is aged 16 or 17 and that he or she was consenting

Form a preliminary view of the appropriate sentence, then consider offender mitigation

Common factors are identiied in the pullout card

Consider a reduction for a guilty plea

Consider ancillary orders, including compensation and deprivation of property used to commit the offence

Refer to pages 168-174 for guidance on available ancillary orders

Decide sentence

Give reasons

Effective from 4 August 2008

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Keeping a brothel used for prostitution

Sexual Offences Act 2003, s.55

Triable either way:

Maximum when tried summarily: Level 5 ine and/or 6 months Maximum when tried on indictment: 7 years

This guideline is taken from the Sentencing Guidelines Council’s deinitive guideline Sexual Offences Act 2003, published 30 April 2007

Offence seriousness (culpability and harm)

A. Identify the appropriate starting point

Starting points based on irst time offender pleading not guilty

Examples of nature of activity	Starting point	Range
Involvement of the offender was minimal	Medium level	Band C ine to high level community
	community order	order
Offender is the keeper of the brothel and is personally	Crown Court	26 weeks to Crown Court
involved in its management
Offender is the keeper of a brothel and has made	Crown Court	Crown Court
substantial proits in the region of £5,000 and upwards

Offence seriousness (culpability and harm)

B. Consider the effect of aggravating and mitigating factors (other than those within examples above)

Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive

Factors indicating higher culpability		Factors indicating lower culpability
1.	Background of threats, intimidation or coercion	1.	Using employment as a route out of prostitution and
2.	Large-scale commercial operation		not actively involved in exploitation
3.	Personal involvement in the prostitution of others	2.	Coercion by third party

4.Abduction or detention

5.Financial or other gain

Form a preliminary view of the appropriate sentence, then consider offender mitigation

Common factors are identiied in the pullout card

Consider a reduction for a guilty plea

Consider ancillary orders, including compensation

Refer to pages 168-174 for guidance on available ancillary orders

Decide sentence

Give reasons

Note

Where an offender has proited from his or her involvement in the prostitution of others, the courts should always consider making a coniscation order approximately equivalent to the proits enjoyed. Such an order may be made only in the Crown Court.

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