Former BBC News presenter Huw Edwards has been charged with three counts of making indecent images of children and pleaded guilty in Westminster Magistrates Court last month.
According to the BBC, Edwards was " the corporation’s most high-profile and best-paid news anchor, one of the main presenters on BBC One's Ten O'clock News and was often chosen to front coverage of major national events".
The Metropolitan police have stated that the offences are alleged to have taken place between 2020 and 2022 and relate to 37 images that were shared on a WhatsApp chat. Six of the alleged images fall under Category A, twelve are Category B and nineteen have been grouped as Category C. Edwards was arrested in November 2023 and was charged on Wednesday 26th June 2024.
What are the penalties?
"The 'Protection of Children Act' 1978 prevents the exploitation of children by making indecent photographs of them; and to penalise the distribution, showing and advertisement of such indecent photographs"
It is important to remember that for a charge to be made for indecent images, there needs to be forensic examinations confirming there is enough evidence for charges to proceed. According to the CPS, making indecent images of children has a wide definition in the law, and the following will be taken into consideration:
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‘Making’ an image includes downloading an indecent image from a web page to a computer
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It is an offence to distribute or show a prohibited image
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Possessing images with a view to later distributing or showing them is also an offence
- It is illegal to advertise to others about the distribution or making of images
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The prosecution has to prove that the making or possession of the images was deliberate and with knowledge
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Accidental downloading may not be an offence
The penalties will depend on the severity of the offence and which category they fall under. According to the sentencing council, the court will determine the offence category using the table below:
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Possession
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Distribution*
|
Production**
|
|---|---|---|---|
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Category A
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Possession of images involving penetrative sexual activity. Possession of images involving sexual activity with an animal or sadism.
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Sharing images involving penetrative sexual activity. Sharing images involving sexual activity with an animal or sadism.
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Creating images involving penetrative sexual activity. Creating images involving sexual activity with an animal or sadism.
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Category B
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Possession of images involving non-penetrative sexual activity.
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Sharing of images involving non-penetrative sexual activity.
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Creating images involving non-penetrative sexual activity.
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Category C
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Possession of other indecent images not falling within categories A or B.
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Sharing of other indecent images not falling within categories A or B.
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Creating other indecent images not falling within categories A or B.
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Once the category is determined, the court will use the starting points to determine the appropriate sentence. The starting point applies to all offenders regardless of plea or previous convictions.
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Possession
|
Distribution
|
Production
|
|---|---|---|---|
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Category A
|
Starting point
1 year’s custody |
Starting point
3 years’ custody |
Starting point
6 years’ custody |
|
Category range
26 weeks’ – 3 years’ custody |
Category range
2 – 5 years’ custody |
Category range
4 – 9 years’ custody |
|
|
Category B
|
Starting point
26 weeks’ custody |
Starting point
1 year’s custody |
Starting point
2 years’ custody |
|
Category range
High level community order – 18 months’ custody |
Category range
26 weeks’ – 2 years’ custody |
Category range
1 – 4 years’ custody |
|
|
Category C
|
Starting point
High level community order |
Starting point
13 weeks’ custody |
Starting point
18 months’ custody |
|
Category range
Medium level community order – 26 weeks’ custody |
Category range
High level community order – 26 weeks’ custody |
Category range
1 – 3 years’ custody |
In relation to the case of Huw Edwards, there are six alleged images which fall under Category A, 12 which fall under Category B and nineteen in Category C. This means a conviction at Crown Court could lead to a prison sentence of several years.
Are they any defences to the allegation?
As with any criminal offence, there will be certain mitigating factors which aim to reduce the sentence or eliminate it completely. In this area of law, it will not be considered an offence if:
- There is a legitimate reason to possess such images. This would include possession for the purposes of law enforcement or in the context of criminal proceedings
- If the defendant has not seen the images. This may apply where the images appear in a computer cache among many legal images, and could have been downloaded without appearing on a computer screen
- The defendant did not have cause or suspicion that the images were indecent
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If the image is of a spouse or partner and is over the age of 16The image was sent to the defendant without being requested and was not kept for an unreasonable time
Have you have been wrongly accused of indecent images?
PCD Solicitors are a nationwide specialist sexual offence defence firm with particular expertise in rape, sexual assault and historic sex offences. Our team of experts work closely with some of the country’s leading barristers to secure the best outcome for you.
If you would like to discuss your case please do not hesitate to contact me. My initial discussion with you is free of charge. It would assist if you could email me or text me with a summary of your case / your concerns. I will then contact you to arrange a time to discuss your case. As a specialist sexual defence firm, I represent clients all over England and Wales.
I can be contacted by:
Email: marcus@pcdsolicitors.co.uk
Mobile / Text / WhatsApp: 07808 553555
Office: 0151 705 8488
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