Background:
Our client was arrested on suspicion of possessing indecent images of children and was initially represented by the duty solicitor. Concerned about the seriousness of the allegations and seeking expert legal guidance, he chose to instruct solicitor Kelly Blake to take over his case.
Investigation & Evidence:
Following a full forensic examination of his digital devices, investigators discovered four images classified as extreme pornography. The client maintained that he had no knowledge of these files being present on his devices.
The client had led a consensual swinging lifestyle, where images and videos were routinely shared between parties via USB drives. The client strongly believed that it was during one of these occasions that another person had accidentally added the extreme pornographic content to the USB, which later appeared on his device.
Legal Strategy:
We advised the client throughout the investigation process and ensured he was fully prepared for a further police interview, during which he gave a consistent and credible explanation, reiterating that he had no awareness of the images in question.
Following the interview and careful review of the evidence, we submitted detailed legal representations to the Crown Prosecution Service (CPS), arguing that it was not in the public interest to pursue a prosecution in this case. We highlighted the lack of evidence of intent, the unusual context of the file transfer, and the client’s clear and consistent cooperation with the investigation.
Outcome:
The CPS accepted our submissions in full. They determined that there was insufficient evidence to provide a realistic prospect of conviction and that it would not be in the interests of justice to proceed further. The case was closed with no further action.
If you are facing similar allegations, it is critical to seek specialist legal advice as early as possible. We offer clear, discreet and expert representation in all matters involving indecent or extreme images.
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