Can Cleared Cache from Intentional Viewing be Considered Possession in the UK?

Question from Hey, Can Cleared Cache from Intentional Viewing be Considered Possession in the UK?

Answer from AI:

In the United Kingdom, the law regarding possession of certain types of digital content, such as indecent images, is complex. The question of whether cleared cache from intentional viewing can be considered possession is not straightforward and depends on various factors.

Understanding the Legal Definition of Possession

Under the Protection of Children Act 1978 and the Criminal Justice Act 1988, it is an offence to possess indecent photographs or pseudo-photographs of a person under the age of 18. The term ‘possession’ in this context is not clearly defined, but it generally means having control over the material.

Internet Cache and Possession

When you visit a website, your computer automatically stores some data in a ‘cache’. This is a temporary storage area that helps your computer load websites faster. If you’ve viewed illegal content, it may be stored in your cache, even if you didn’t intentionally download it.

However, the UK courts have generally held that simply viewing material online, without more, does not amount to possession. In the case of R v Smith [2002], the court held that the defendant did not possess images that were automatically stored in his internet cache because he did not know they were there and had no control over them.

Intentional Viewing and Possession

If you intentionally view illegal content, and you know that it is being stored in your cache, the situation may be different. The courts might consider that you have control over the material, and therefore possess it. However, this is a complex area of law and the outcome would depend on the specific facts of the case.

Clearing Your Cache

If you clear your cache, you are deleting the stored data. This could be seen as evidence that you knew the material was there and had control over it. However, it’s not clear whether this would be enough to prove possession. Again, the outcome would depend on the specific facts of the case.

Seeking Legal Advice

If you are concerned about this issue, you should seek legal advice. A solicitor can help you understand the law and how it applies to your situation. You can find a solicitor through the Law Society.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. You should consult with a legal professional for advice on your specific situation.