Online offending against children - what happens now?

Someone in my household has been arrested in connection with an investigation relating to online sexual offences involving children – what do I need to know?

Why have I been provided with this information?

We are investigating online offending against children and a member of your household has been arrested in connection with our investigation.

Our investigation could involve indecent images of children or sexual communication with children. It could also be a combination of the two.

We hope this page will provide you with the information you need, to help you understand what is happening now, and what will happen at each stage of the police investigation.

We want you to know you are not alone. This might feel hard to believe right now, and we have provided a list of contacts which you may find useful.

You may also wish to seek support from family or friends. To protect you and your family from unwanted attention we would never disclose the reason for the arrest, unless there is a safeguarding reason to do so.

Before we left, we will have made sure you have the contact details for the investigating officer (you may also hear them referred to as the 'OIC' - this simply stands for 'officer in the case').

What do online offences against children involve?

In the United Kingdom anyone under the age of 18-years-old is classified as a child. Viewing an indecent image of anyone under the age of 18 or sexually communicating with them is an offence in the United Kingdom.

What are indecent images of children?

Section one of the Protection of Children Act 1978 states it is an offence to take, to permit to be taken, to make, to possess, to show, to distribute or to publish an image of a child posed or pictured indecently, for example, in a sexual way.

Images can include photographs, video footage, drawings, tracings or images created digitally. This also includes images made by computer graphics or otherwise, which appear to be a photograph – often referred to as a 'pseudo-photograph.'

The images could involve adults involved in an indecent act where a child is present but not themselves portrayed indecently.

'Making' an indecent image does not just refer to the person taking a photo or video – it can also refer to a person downloading an indecent image, printing an indecent image, or opening an email attachment containing an indecent image.

Why have you visited my home?

We have visited your address acting on information which suggests someone residing at the property is suspected to be involved in online offences against children. This information could have been provided by one or more agencies which we work with or a third-party report from a member of the public.

It is important to remember each investigation is different.

Officers may attend in plain clothes, to minimise distress and public attention. However, if they do so, they will carry warrant cards for identification and would have presented these to you on arrival.

What is a warrant?

We may be in possession of a warrant which is obtained from a magistrate or judge at court. It will contain information which explains what officers will be searching for at your address.

What will you be searching for?

Officers will be searching for any device which can store images. This could be a mobile phone, an electronic tablet, a computer, USB storage drive, a hard drive or games console for example. We will want to locate all devices in the household and not just those belonging to, or used by the arrested person.

You may be requested by officers to provide the password or code to access these devices. Please co-operate with us by providing this information.

Devices will need to be examined. We may be able to do this at your address but sometimes we have to take them with us, to carry out a more thorough examination.

Once examined, if the devices are found not to contain anything related to the suspected offences they will be returned to you.

We know how frustrating it may be not having access to your devices during this time, but unfortunately, due to the work involved, we cannot specify how long this process will take.

What happens once a person has been taken into police custody?

If a person has been arrested and removed from the property, they will be taken to a police station for interview. You will not be able to speak with them face-to-face while they remain in police custody, but you may be able to speak with them over the phone. On some occasions a phone call is not possible, and if this is the case an officer will explain why.

Before the interview commences, the arrested person will be advised that they have the right to independent legal advice. This will be free of charge, or they can appoint a solicitor at their own cost.

The health and wellbeing of anyone in custody is a top priority and, if required, a healthcare professional will attend to give medical support. Mental health support is also available.

It is important to understand that the investigating team will be working extremely hard reviewing and processing any evidence retrieved from their visit to your address and possibly elsewhere. They will also be carrying out the interview of the person in custody.

This may mean there are periods of time when you don't hear from anyone working on the case. You can however speak to the custody officers. This can be done by calling 101, selecting option three, when prompted before asking for the relevant custody area.

It is not always necessary for someone to be arrested and a person may be asked to attend the police station for a 'voluntary attender interview' (VA). This will likely be soon after the search has ended. Although they are not under arrest, they will still have access to free and independent legal advice. However, if they refuse to be interviewed voluntarily then an officer may need to arrest them to conduct an interview.

What happens once a person has been interviewed?

Once a person has been interviewed there are several outcomes which are listed below.

Remand

Depending on the severity of the offence and, if appropriate, the person's offending history, it is possible the person, if charged with an offence, will be remanded in custody.

This means they will remain in police custody until the next available court date, usually the next working day. They will continue to have access to free and independent legal advice and we will continue to monitor their health and wellbeing.

Police bail and police bail with conditions

Police bail is when the arrested person will be released from police custody whilst the investigation is ongoing. They will be required to attend a police station at a given date and time.

This means, police need to conduct further enquiries which cannot be conducted whilst the arrested person is in police custody.

To protect vulnerable people, and to prevent any further offences taking place, there may be certain conditions applied to the bail and this is referred to 'conditional bail'. Conditions can include:

• Living at a particular address
• Surrendering their passport so they cannot leave the UK
• Not contacting certain people
• Reporting to a police station at agreed times
• Not having unsupervised access to children under the age of 18. This may include their own children
• Restrictions placed on their internet activity. This could include, not deleting search history, not using a device that does not record the search history and not using 'incognito mode'.

If the person does not adhere to these conditions, they may commit further offences and be arrested again.

The arrested persons legal representative will be able to offer more advice regarding the police bail process.

Please be mindful the length of time on police bail may vary throughout the investigation due to the often complex nature of such cases.

Released under investigation (RUI)

Depending on the circumstances, a person may be released under investigation.

This means there are no bail conditions. However, the police investigation is still ongoing. An officer will keep the arrested person updated with the case progress.

The arrested person may be required to attend for further interviews, they may be charged, or a summons issued to attend court, or advised no further action will be taken.

Only when police advise the person the investigation is completed will the investigation conclude.

What happens once the police investigation has concluded?

When we have finished an investigation, a file is usually passed to the Crown Prosecution Service (CPS) to make a decision whether a person should be charged or not. If the CPS decide there is sufficient evidence to charge a person will either be required to attend a police station to be charged or charged when they answer bail.

A person may also receive a postal charge also known as a postal requisition. This is a legal document which tells a person they are to be charged for criminal offences and are required to appear before a specified court, to answer the charges.

If the CPS or police decide there is insufficient evidence to charge the person, they will be told no further action will be taken at this time.

If this happens, we will not be able to give you any more information regarding the case. However, we will provide you with any information you need in order to safeguard your family.

What is the Sex Offenders Register?

A person who is subject to the requirements of the Sex Offenders Register will be assigned a Police Manager, which will be in addition to any assigned Probation Officer.

A Police Manager may be a plain clothes officer or police staff member who will risk assess and manage the subject to protect vulnerable people and also reduce the likelihood of future re-offending. The number of visits by the Police Manager will vary on a case-by-case basis.

What is a Sexual Harm Prevention Order (SHPO)?

A Sexual Harm Prevention Order is given by the court to a person who poses a risk of sexual harm to either the general public or an individual person. It is given to a person who has been convicted or cautioned for an offence listed within the Sexual Offences Act 2003.

A person with a SHPO will be recorded on the Sex Offenders Register and it will also be recorded on the police national computer (PNC). A SHPO has conditions and any breach of these are a criminal offence.

What is a Sexual Risk Order (SRO)?

A Sexual Risk Order is like a Sexual Harm Prevention Order, but the main difference is that a conviction is not needed. This can be given to anyone a court deems to be a risk of sexual harm. Breaching an SRO is a criminal offence.

What safeguarding procedures will be put in place and will social services be involved?

We have a duty to protect the most vulnerable members of society and if the arrested person has access to children, then we will notify social services. Social services will contact the parents or legal guardians of these children to make further enquiries.

If this applies to you then social services will contact you directly, and you will be fully supported throughout the investigation. You may feel the subject poses no threat to children in the household or their own children or other family members. We must take an objective view and put measures in place to safeguard anyone we believe may be at risk.

If you are concerned a child you know may have been sexually abused, then please contact the officer in the case. Alternatively, you can call 101 to report a crime but if you believe the child is at risk of immediate harm then dial 999.

Will employers be notified of the arrest?

When a person become subject to an investigation, dependent upon their occupation and any voluntary roles they may have, for safeguarding purposes, we will notify their employer of the ongoing investigation. This usually occurs when a person is in a role which requires a DBS check, for example, roles in education and care settings.

We acknowledge this will be a difficult time for your household - the consequences of the investigation may make the coming months and the future seem uncertain.

Could there be any welfare issues as a result of the arrest?

It should be noted that those subject to an investigation of this nature, are particularly vulnerable, and at a much greater risk, of self-harm and suicide. This is often heightened at critical periods or 'flashpoints' during the investigation process, such as after the arrest, charge, answering bail, at trial or sentencing – this is usually where there is a greater likelihood of media or public attention.

If you are concerned someone, including yourself, feels hopeless be assured help is available and we urge you to seek support. If you find yourself in crisis, or believe either you or the person under investigation, are at immediate risk of harm, dial 999.

Your own GP or The Samaritans will be able to offer support and advice. 

Are there any advice and support services available to me?

Understandably, this may be a very stressful time for you, one which may affect your personal health and wellbeing and we urge you to speak with your own GP if this is the case.

We understand crimes of this nature may be uncomfortable to discuss, however GPs are bound by rules of confidentiality.

If you would prefer to seek advice, support or information on the investigation and what happens next, then one of the services listed below may be able to help.

The Lucy Faithfull Foundation - www.stopitnow.org.uk

The only UK-wide charity dedicated solely to tackling child sexual abuse the Lucy Faithfull Foundation work with all those affected by internet offending. Their 'Get Help' website is specifically designed for all adult family members and friends of people who have been known or suspected of accessing indecent images of children or engaging in inappropriate sexual behaviours involving children.

Safer Lives - www.saferlives.com

Safer Lives works to support families survive the impact of a police investigation and cope with the knowledge a loved one has offended online. They offer expertise in understanding the criminal justice system.

MOSAC - www.mosac.org.uk

A supportive service in a safe and non-judgemental environment for non-abusing parents and carers whose children have been sexually abused.

STOPSO - www.stopso.org.uk

A UK-wide independent network of suitably qualified professionals who are trained to work with potential sex offenders, sex offenders and their families.

Supporting Victims in North Yorkshire - www.supportingvictims.org

A bespoke North Yorkshire service designed to help you cope and recover from the impact of crime by giving you access to a range of specialist support services.

Young Victim Service - www.youngvictims.org.uk

Offering support aiming to re-build confidence and increase feelings of safety for young people affected by crime.

ELSA - www.elsanetwork.org

Teaching assistants who have received specific additional training from educational psychologists. Their role is to support children and young people in school to understand and regulate their emotions.

NSPCC - www.nspcc.org.uk

Providing information on child protection systems and laws, covering most aspects of safeguarding and child protection.

Childline - www.childline.org.uk

Free and confidential advice for children.

Victim Support - www.victimsupport.org.uk

Specialist teams deliver free tailored support to help people recover from the effects of crime and traumatic events.

Citizens Advice - www.citizensadvice.org.uk

If you are concerned about the financial impact the investigation may have on you and your family then Citizens Advice offer online, over the phone and in person services which may be able to assist you.

Civil Legal Advice - www.gov.uk/civil-legal-advice

You may be eligible for free and confidential advice as part of legal aid – more information can be found on their website.

The Samaritans - www.samaritans.org

The Samaritans are available for everyone, no matter what they are going through. Their help is confidential and available 24/7 365 days a year.

You can call for free on 166 123 or visit their website for more information.

Head First - www.headfirst-northyorks.org

Providing mental health and suicide prevention training in North Yorkshire. They aim to reduce suicide, increase wellbeing and emotional resilience, and can offer courses to help you manage your own wellbeing.

Shout - www.giveusashout.org

The UKs first 24/7 text service, free on all major mobile networks, for anyone in crisis, anytime, anywhere. They can offer assistance if you are struggling to cope and need immediate help. Text 'shout' to 85258 at any time.

Sane - www.sane.org.uk

Providing emotional support, guidance, and information to anyone affected by mental illness, including families, friends, and carers. They offer one to one support for those times you feel you need it most.

Papyrus - www.papyrus-uk.org

A confidential advice and support service for children and young people under the age of 35 who are experiencing thoughts of suicide, or anyone concerned a young person could be thinking about suicide.

Hub of Hope - www.hubofhope.co.uk

The UK's leading mental health support database. It is a mental health support signposting tool with thousands of local, regional and national support groups and services listed.

Centre of Expertise on Child Sexual Abuse -  www.csacentre.org.uk/knowledge-in-practice/practice-improvement/managing-risk-and-trauma

Designed to drive a confident response, this guide helps professionals to safeguard the whole family when a parent has accessed child sexual abuse material.

Shore - www.shorespace.org.uk

A safe space for teenagers worried about sexual behaviour. Shore has anonymous advice and support to help you or someone you know manage worrying thoughts.

CEOP Education - www.thinkuknow.co.uk

The National Crime Agency's CEOP Education team aim to help protect children and young people from online child sexual abuse.