Streamlined Forensic Reports in Indecent Images Investigations

At BSQ we have represented dozens of individuals in indecent images cases in recent years. Our experienced indecent images solicitors will give you the best defence.

Lengthy Delays in Indecent Images Investigations

It is inevitably a shock when a client is told that the police investigation into their case may take 9 months or longer. The main reason why there is such a long delay in indecent images investigations is because of the length of time it takes the police to complete their forensic examination, the results of which will be served in what is known as a Streamlined Forensic Report or SFR1. See our detailed blog on this topic on Delays in Indecent Images Investigations.

Having seized devices from a person suspected of accessing illegal material, the next step is for the police to submit these for examination to a forensic laboratory, often the local police force’s high-tech crime unit. Occasionally this work will be outsourced to an external provider.

Typically, it can take 9 to 12 months for the forensic analysis to be completed. In some parts of the country, if there are a large number of devices to be examined, the wait can be even longer.

At the end of this process, a digital forensic expert instructed by the police will compile a Streamlined Forensic Report. This will then be sent to the investigating officer. Subsequently, based on the findings of the report, a decision will be made as to what further action should be taken in the case. That decision will be made by a CPS lawyer after all the evidence has been reviewed in the case.

The Streamlined Forensic Report System

The SFRY system was introduced as a case management procedure aimed at curtailing "unnecessary costs, bureaucracy, and delays in the criminal justice system." According to CPS guidance, the "early preparation of a concise report outlining the key forensic evidence intended for use by the prosecution "offers substantial advantages to the courts, prosecution, and defense by streamlining court proceedings and averting unnecessary forensic work.” In practice, streamlined reports are seen as effective by the Court and CPS as service of incriminating forensic evidence at a fist hearing often encourages defendants to enter early guilty pleas.

The Importance of The Streamlined Forensic Report

The Streamlined Forensic Report is the most important evidence in any indecent images case. At a bare minimum the report will indicate whether illegal material has been found on any devices. It will also provide a breakdown of how many Category A, B, C, Extreme or Prohibited images have been discovered. This information forms the basis of a CPS charging decision.

Problems with Streamlined Forensic Reports

Problems often arise with a Streamlined Forensic Reports because the analysis conducted by the police is typically rudimentary. To save costs, the investigating authorities frequently commission a barebones Streamlined Forensic Report which merely confirms the presence of illegal material on a device. However, the SFRY often lacks a full and thorough analysis of an individual’s digital footprint.

Also, the Streamlined Forensic Report is often prepared by an investigating officer who is not a qualified digital forensic examiner. The author may not have examined the digital footprint of the user and will simply regurgitate in the report the results of an automated scan of the hard drive. In several cases – see our case studies referred to below - we have successfully challenged Streamlined Forensic Reports produced by unqualified officers and persuaded the Crown to discontinue a prosecution.

These errors have the potential to cause miscarriages of injustice. Without the digital footprint information, a Court cannot ascertain if a user unintentionally accessed illegal information, in which case they may have a defence to any criminal charges. As documented in our blogs on several indecent image cases handled by our solicitors, the SFRY procedure has, at times, resulted in erroneous decisions to pursue prosecution. In two recent cases in 2023, professional clients of good character were ultimately acquitted after BSQ challenged the contents of an abbreviated Streamlined Forensic Report prepared by the CPS.

Case Studies of Successful Outcomes: BSQ Cases of J and S

You can find out more information about the the cases of Mr J and the case of Mr H, as well as the problems associated with Streamlined Forensic Reports in our blog posts. In both cases, BSQ were able to persuade the Crown to offer no evidence against their clients and discontinue proceedings.

Commenting on the cases, BSQ partner Roger Sahota who acted for both J and S, said that:

“In both cases, it could be argued that their experience showed that the criminal justice system had worked to deliver the right outcome. (Eventually.) These were the sentiments expressed in the closing remarks of the presiding Crown Court Judge in the case of P when pronouncing the decision not to proceed against him. But from P and L’s perspective however it would have been far better for everyone concerned if a full forensic report had been commissioned at the outset rather than an abbreviated SFRY. In their cases, the imperative to save costs and reduce delay had perversely produced the opposite result.

There may well be many other accused persons in indecent images cases who are not as fortunate as P and L in having lawyers who vigorously challenge the evidence in a SFRY presented by the Crown. Anecdotal evidence provided to BSQ shows that suspects in indecent images cases who assert their innocence often have their entreaties dismissed by the police and can feel that they are not taken seriously even by their own lawyers. As P and L’s case studies show, a rush to judgment in these situations may not always be warranted.”

How BSQ Can Help

Seeking Advice After Leaving the Police Station

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

Enquiries from friends and family

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.