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images on PC

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befuddled19 | 09:24 Thu 05th Mar 2009 | Criminal
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A friend is being prosecuted for images of children on his PC. Although he has thousands of pop idol images, when the police checked through the family PC; 27 images were found which he was informed are illegal.
He did not know they were there or that they were classed as illegal.
The PC was always an open family PC. Anyone who wanted to get on-line in the house always used this main PC. Should he be held responsible, or the fact that anyone who came to the house used the PC to access the internet exclude him from prosecution?
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He needs to take advice because this is a serious offence.

The maximum sentence for simply possessing such images is five years imprisonment, and up to ten years if the defendant was in any way involved with making the images. The number and nature of the images is the main factor in determining the sentence but even at the lowest level (which would involve a small number of images of the least offensive kind) usually attracts a Community Penalty. In most cases those convicted also have to sign the Sex Offenders� Register. A conviction such as this seriously affects the lives of those convicted.

It is impossible to say here whether there is a realistic chance of a conviction, especially in the circumstances you describe. Your friend should seek legal advice at the earliest opportunity.
Why were the police examining your friends PC?
The police don't examine your computer on a whim ... it's not like being asked to produce your driving licence! They must have had reasons to do so (and probably a warrant). He could probably use some of what you've said as a defence but it wouldn't exclude him from being charged and appearing in court if the images are truly illegal.

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