What is the National Crime Agency?
You may have been contacted by the National Crime Agency or currently under investigation for a criminal offence being investigated by them. The National Crime Agency are an investigatory body separate to the police who investigate serious organised crime alleged to be taking place in the UK. A large proportion of crime investigated by the National Crime Agency is the sexual abuse of children which includes offences such as grooming, sexual communications with a child, possession, making and distributing indecent image of children, inciting a child to engage in sexual activity, facilitating a child sex offences and others.
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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.
Methods the National Crime Agency Use in Sexual 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.
Online Contact Sexual Offences: Grooming, Sexual Communication with a child, inciting a child to engage in sexual activity, causing a child to watch a sexual act, arranging/facilitating a child sex offence
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".
Defence to Online Contact Offending
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.
Non Contact Sexual Offending Online: Possession, making and Distribution of Indecent Images of Children
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.
Defences to 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.
Prosecution of National Crime Agency Investigated Offences
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.
Key Considerations to Have if you Are Charged with a Sexual Offence:
- 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.
- 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.
- 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.
- 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.
Being under investigation for a sexual offence is difficult, and impacts your health, relationships and career, we want to make this process more bearable for you and help to resolve your case to your advantage. Contact us
for a free, no obligation chat. We will aim to provide you with the best advice to enable you to make the right legal decisions to progress your case and obtain the best possible outcome.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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