Making images v possession ?
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So my husband has been given charge sheet yesterday on the sheet there are
1 making of 5 cat a
2 making of 1 cat b
3 making of 5 cat c
possesion of images
we don't understand theses charges he was on a online platform kik. These images were sent to the group chat he was in. He hasn't went looking for images or saved any of downloaded any no did he ask for these images so what do these charges mean any advice would be really appreciated thanks
1 making of 5 cat a
2 making of 1 cat b
3 making of 5 cat c
possesion of images
we don't understand theses charges he was on a online platform kik. These images were sent to the group chat he was in. He hasn't went looking for images or saved any of downloaded any no did he ask for these images so what do these charges mean any advice would be really appreciated thanks
Strictly speaking, making refers to downloading an image onto a device, thereby making a copy of it on the device.
Possession means knowingly having an image on a device.
You say that the images were sent to him in a group chat. There seems to be a difference of opinion between the CPS and many solicitors about whether this is making or not.
The CPS defintion says that making means:
To cause an indecent image to exist
To produce an indecent image through action
To ‘bring about’ an indecent image (a particularly unspecific and wide-reaching definition)
However some solicitors are saying that you have to knowingly make the image.
https://www.olliers.com/news/what-constitutes-making-indecent-images/
So it could come down to what the group chat was about and what was said. If the people in the group chat were discussing illegal images, then the CPS might argue that he knew any images shared within the group were likely to be illegal, even if he didn't actually ask for them to be downloaded himself.
Possession means knowingly having an image on a device.
You say that the images were sent to him in a group chat. There seems to be a difference of opinion between the CPS and many solicitors about whether this is making or not.
The CPS defintion says that making means:
To cause an indecent image to exist
To produce an indecent image through action
To ‘bring about’ an indecent image (a particularly unspecific and wide-reaching definition)
However some solicitors are saying that you have to knowingly make the image.
https://www.olliers.com/news/what-constitutes-making-indecent-images/
So it could come down to what the group chat was about and what was said. If the people in the group chat were discussing illegal images, then the CPS might argue that he knew any images shared within the group were likely to be illegal, even if he didn't actually ask for them to be downloaded himself.
I was also not sure with the terminology as my OH also had the same things on his charge sheet. His solicitor said that downloading the images to his pc was making. He didn't actively look up iioc but they were mixed up with adult porn that he had downloaded. The possession charge states that the images are prohibited.
People could unknowingly make images but they have still been made. A very big mistake that many men make, especially if they have genuinely unintentionally made images, is not reporting them.
If images are accessible through chats then I think this is permitting. Theres no way to tell of someone knows they are there or not but they are still accessible.
If images are accessible through chats then I think this is permitting. Theres no way to tell of someone knows they are there or not but they are still accessible.