Question from …, Is Viewing Online Images Considered Possession Under UK Law?
Answer from AI:
In the United Kingdom, the law distinguishes between viewing illegal images online and possessing them. The distinction is primarily based on the intent and control over the material.
Viewing vs. Possession
Generally, simply viewing an image online, without more, does not constitute possession. However, if the image is downloaded, saved, or printed, it may be considered possession. The key factor is whether the person has control over the image and the ability to access it at a later time.
Automatic Caching
The issue of automatic caching is a complex one. When you view an image online, it is often temporarily stored or ‘cached’ on your device. However, this does not necessarily mean you are in possession of the image. The Crown Prosecution Service (CPS) has stated that automatic caching alone is not sufficient to establish possession.
However, if a person intentionally retains the cached image, for example by not clearing their cache when they have the opportunity to do so, this could potentially be considered possession.
Relevant Laws and Regulations
The relevant laws in the UK include the Protection of Children Act 1978 and the Criminal Justice Act 1988. These laws make it illegal to possess, distribute, or create indecent images of children.
Legal Advice
This is a complex area of law and the specifics of each case can greatly affect the outcome. If you are concerned about this issue, it is strongly recommended that you seek legal advice. A legal professional can provide you with advice tailored to your specific circumstances.
Resources
For more information, you can refer to the CPS guidance on indecent images of children. This provides a detailed explanation of the law in this area.
Please note: This information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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