Indecent Images

[Bazile]

If someone sends you indecent pictures by email and you are not aware of their existence in your email inbox , so they  are sitting there . Are you committing an offence yourself ?

[THECORBYLOON]

From the Crown Prosecution Service

"Possession is not defined in the CJA 1988, the PCA 1978 or the CJA 2009. The test to determine possession was set out in R v Okoro (No. 3) [2018] EWCA Crim 1929: the prosecution must prove that the images are within the accused’s custody or control such that they were capable of accessing them and they must know that they possess the images. The accused need not know that the photographs were indecent."

If the knowledge the images were on the e-mails can not be proven, it would not be possession.

[Peter Pedant]

Big section of law on - "can you possess that which you do not know you have ?"

Drugs, if you have a leedol bag with white powder (H) in it that you honestly believe is SALT , then you ARE possessing   ( the leedol white bag is the important bit) - I cant remember which case this is

If you have no knowledge of the bag - then no

Obviously there are evidential problems here

And there was a recent case where a police officer was sent a naughty image by a member of the family and she was convicted - and then faced a police tribunal

I think it is this one

https://www.theguardian.com/uk-news/2019/nov/19/police-chief-convicted-for-having-child-sex-abuse-video-on-phone-robyn-williams

I have an erazer program - - - see https://eraser.heidi.ie/

and if I received an indecent image, I dont think I wd bother the police, they are so busy look at Southport - but might expect them to .... call.

 

[Bazile]

 

It's not clear to me 

I have an email account and due to illness , I have not gone into the account to check each email ,for ages. 

There are loads of emails in the inbox .

So if there are emails of an  indecent nature amongst them -  am I committing any offence ?

 

 

 

It's not clear to me 

I have an email account and due to illness , I have not gone into the account to check each email ,for ages. 

There are loads of emails in the inbox .

So if there are emails of an  indecent nature amongst them -  am I committing any offence ?

 

 

 

It's not clear to me 

I have an email account and due to illness , I have not gone into the account to check each email ,for ages. 

There are loads of emails in the inbox .

So if there are emails of an  indecent nature amongst them -  am I committing any offence ?

 

 

 

It's not clear to me 

I have an email account and due to illness , I have not gone into the account to check each email ,for ages. 

There are loads of emails in the inbox .

So if there are emails of an  indecent nature amongst them -  am I committing any offence ?

 

 

 

 

 

 

[Bazile]

Sorry for the duplication 

[jno]

no... no... no... no...

As TCL has highlighted, you must know you possess the images.

[THECORBYLOON]

Is it likely someone would send an e-mail with indecent images to you?

[Peter Pedant]

Yes you can access your unknown emails.

The case summary Okoro ishere

https://www.casemine.com/judgement/uk/5b7fb4452c94e01abccef847#:~:text=Conclusion%3A,and%20the%20convictions%20were%20upheld.&text=Contains%20public%20sector%20information%20licensed%20under%20the%20Open%20Justice%20Licence%20v1.

They had three goes at it

If you find an unknown image on your computer so that NOW you er know it is an image, first stop a solicitor and not down the nick, wiv lappie and say to the plod: ere look at this!

Time to quote the supreme court justice who made a mess of the Nuremberg trials ( Robert H jackson)

Jackson is well known for his advice that, "Any lawyer worth his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances", 

[Peter Pedant]

Is it likely someone would send an e-mail with indecent images to you?

there was a card scam ( wh I was involved in) where the square card details on the screen for Frou-frou flowers ( which you filled in for lovely frou frou flowers) was replaced by a porno site. So the card took money for the porno site and not Frou Frou. Flowers for his dear wife. anniversary.

and so the photos landed on ( I think) his work computer.

I wd not have believed this unless a similar things happened to me a few months later ( " hold on that is not the company, I started with".) 

followed by  the police ( CHEOPS)

AND THEN he gave an interview without  a lawyer. even I  think saying " I want to tell you what happened: you may learn from it!". This was.... in the police  car in the days when untaped confessions occurred alot - in police cars.

They lied to him and said that it could not happen like that when they er knew it could. ( case dismissed on this  event- shades of Horizon post office)

He had to report the arrest to his professional society ( talk of Huw Edwards) and he was promptly suspended. - so he cdnt work but was paid. And was suspended from work ( but was paid) 

Q.Bit early for that isnt it? A. Please do not get involved

So the case was dropped ( see above) but the professional carousel went round and  round ( for about a year or so I think)

So DON'T go to the plice with indecent images, reach for your handy erazer program....

( oh and keep rolling back ups of your  files in case your computer is seized ( for not less than 2 years)

Blimey it is lucky no one reads my posts innit?

 

[Peter Pedant]

Short answer no because you have a staturory defence underthe relevant Act

Long answer: see Okoro - you may have difficulty in using it