Case Laws

The content we take reports on is covered by different laws. Case laws then contribute to these laws to enhance our understanding of the legislation.

There are a number of specific cases that are particularly relevant to our work:

R v Porter: The case held that a person could not be in possession of indecent photographs of children under the Criminal Justice Act 1988 s.160(1) if he no longer had custody or control of the images. In the case of deleted computer images if a person could not retrieve or gain access to an image then he no longer had custody or control of it.

R v Oliver, Hartrey and Baldwin: This case clarifies the definitions proposed by the Sentencing Panel in relation to child sexual abuse images.

R v Bowden: This case held that the downloading an indecent image of a child was an act of ‘making’ under the Protection of Children Act 1978.

R v Fellows and Arnold: In this case, the court held that the wording of the Protection of Children Act 1978 covered the use of the internet to distribute indecent images.

R v Jayson: This concluded that the act of deliberately downloading an image from the internet was "making an image".

R v Perrin: This brought residents of the UK who use offshore servers for distribution, into the jurisdiction of the UK Law for obscene content.

R v Waddon: This case held that the content of American websites could come under British jurisdiction when downloaded in the UK.

R v Freeman: This is the first prosecution under the 2009 Coroners and Justice Act Section 64 (2009) for this type of non-photographic child abuse content.

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