Possession of indecent photograph of child/ Indecent photographs of children

Criminal Justice Act 1988, s.160; Protection of Children Act 1978, s.1 · Triable either way

Sentencing framework

The guideline outlines a framework for sentencing those convicted of possession of indecent photographs of children, emphasizing a structured approach based on the seriousness of the offence. It provides maximum and typical starting sentences depending on the category of images involved, while also accounting for aggravating and mitigating factors to guide the final sentencing outcome.

Maximum sentence

5 years’ custody; 10 years’ custody

Court

Triable either way

Starting point

1 year’s custody; 26 weeks’ custody

Offence range

Community order – 3 years’ custody; Community order – 9 years’ custody

Aggravating factors

·Previous convictions
·Offence committed while on bail
·Offence facilitated by grooming
·Failure to comply with current court orders
·Offence committed whilst on licence
·Age and/or vulnerability of the child depicted
·Discernible pain or distress suffered by child depicted
·Period over which images were possessed, distributed or produced
·High volume of images possessed, distributed or produced
·Placing images where there is the potential for a high volume of viewers
·Collection includes moving images
·Attempts to dispose of or conceal evidence
·Abuse of trust
·Child depicted known to the offender
·Active involvement in a network or process that facilitates or commissions the creation or sharing of indecent images of children
·Commercial exploitation and/or motivation
·Deliberate or systematic searching for images portraying young children, category A images or the portrayal of familial sexual abuse
·Large number of different victims
·Child depicted intoxicated or drugged

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct (regardless of previous convictions)
·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
·Mental disorder or learning disability, particularly where linked to the commission of the offence
·Demonstration of steps taken to address offending behaviour
·Physical disability or serious medical condition requiring urgent, intensive or long-term treatment
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determining the offence category.
Step 2 — Use the sentencing table to determine the starting point and category range for the offence.
Step 3 — Consider aggravating and mitigating factors.
Step 4 — Consider any reduction for guilty pleas.
Step 5 — Consider dangerousness for extended sentencing.
Step 6 — Apply the totality principle for multiple offences.
Step 7 — Consider any ancillary orders.
Step 8 — Provide reasons for the sentence.

Guideline notes

Sentencing must follow relevant guidelines unless it would be contrary to the interests of justice.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.