What is the National Crime Agency?

The National Crime Agency was established in October 2013 and plays a vital role in setting up operations to tackle crime and work with agencies both in the UK and abroad to tackle offending which can take place between different countries. Common sexual offences investigated by the National Crime Agency are online sex offences; grooming, arranging/facilitating the commission of a child sex offence and indecent image offences. 

There are various methods used by the National Crime Agency to catch individuals committing sexual offences. These methods range from informants, tip offs from members of the public and in addition to utilising their specialist cybercrime team which monitors the internet for illegal activity they also take undercover roles posing as children online to engage with those seeking out children for sexual purposes, or to speak with other adults who may be willing to facilitate child sexual offending.

We often represent clients accused of online child sex offences who at the time of the conversation they believe they are talking to a child, only later to find it was in fact an adult posing as a child. This is a very common technique being used across various online social media platforms and chatrooms used by both the police and National Crime Agency. They will create a very genuine looking profile as a child and engage online with adults. They often use computer generated images which look like real children, or use real photos of children which have been changed by the use of computer graphics. 

Having experience of representing clients whereby undercover tactics have been used we often see repetition of the age throughout the conversation, this is because the undercover officers require clear evidence that they were posing as someone underage and that the adult they are speaking with is aware of this, as it would not be offence otherwise. Once the age is clearly established they then turn the conversation sexual. 

The police and National Crime Agency have to be extremely clever and must not overly encourage the commission of an offence, this could be seen as an abuse of process and could lead to evidence being excluded, or the case being withdrawn by the CPS. Cases involving undercover officers rarely bring about an abuse of process argument, but where we do see undercover operations go wrong is where members of the public take it into their own hands to try to catch online sexual offenders, otherwise known as “Hunter Groups” or "peadophile hunters". 

If your are accused of an offence which involves some element of speaking sexually to a child online, then it would be a defence if you could show you had a genuine belief that you were speaking with an adult. 

The National Crime Agency (NCA) uses several methods to detect indecent images on devices, particularly in cases involving child exploitation. They have a specialist cyber team whose role it is to monitor online activity and identify websites, individuals and social media accounts offering child abuse images. They work with multiple agencies to to implement monitoring across various platforms to home in on individuals involved in indecent image offences. 

There are defences to indecent image offences such as lack of knowledge. We often see cases whereby unsolicited images arrive on a persons device which in the first instance do not look anything different than a link or normal photo. When the file is then clicked on by the user of the device unbeknown to them it opens up indecent material, or downloads it to their device, effectively images are downloaded by accident and unknowingly to the user. Where this is a case an independent defence forensics examination is required. 

Where the defence of lack of knowledge could fail is if we see search terms whereby the user has actively sought the indecent material, or the file has been viewed on multiple occasions or has been saved, or moved to another folder by the user. The more interaction with that file the user has, the more difficult depending that the download was accidental becomes. 

The prosecution process for offences which are brought to court by the National Crime Agency is the same as a case which has been investigated by the police. Whereby the CPS will charge a suspect if the evidential and public interest tests are met and where there is a realistic prospect of conviction. The accused will be required to attend the Magistrates Court for their first appearance and dependent on the plea, and the seriousness of the case, the matter will remain in the Magistrates Court to be dealt with, or will be sent to the Crown Court. 

1. Seeking the appropriate legal advice and instructing your legal team. Looking for specialist law firm that represents individuals accused of sexual offences is hugely beneficial. At Eventum Legal all of our training is ploughed into defending sex crime, we are up to date with the latest legal changes and options for our clients. 
2. Ensuring you can work with your legal team. Most cases take an incredibly long time to conclude, particularly those concerning sexual offences. Make sure you can work with your legal team and you feel comfortable and reassured by them. Being accused of a sexual offence is devastating and causes so many emotions and embarrassment, all of lawyers are friendly non-judgemental and passionate about achieving the best possible results we pride ourselves on the support and care given to our clients.
3. Understanding the evidence against you. Having followed consideration number 1 you should be given the opportunity to conference with your legal team where the evidence is explained and you are armed with full knowledge of your options, the case against you and the next steps.
4. Knowing what your options are. It is important you know and understand your plea options, the consequences of your plea and what will happen after your plea. There are important decisions to be made at your first appearance in the Magistrates Court, getting it wrong at your first appearance could cost you further down the line.