Online and Image-Based Offences

Section 8 of the Criminal Law (Sexual Offences) Act 2017 targets people who send or request sexually explicit material to children through social media, WhatsApp, Snapchat and similar platforms.

The Child Trafficking and Pornography Act 1998, as amended, contains a range of offences, including meeting a child for sexual exploitation, possession of child pornography, and producing, distributing or publishing it.

These cases often involve phones and computers. I will look at how the evidence was obtained and what it actually shows, and advise you before any interview.

Sharing intimate images of another person without their consent is also an offence under legislation introduced in recent years. I advise on these allegations as well.

In these investigations the Gardaí often search premises and seize phones, computers, tablets and other devices, and can seek access to online accounts. Specialist units then examine the material, and interviews often take place after that examination.

If your devices have been seized, or you think they may be, speak to a solicitor before any interview.

Deleting messages, wiping a device or closing accounts can look like an attempt to hide evidence, and deleted material can often be recovered. It can also create further problems. If you are worried about what is on a device, tell me, not the device.

I look at who used and had access to the device, how files came to be there, dates and times, whether material was knowingly kept, how the data was extracted and examined, and whether the correct procedures were followed. Where necessary I instruct an independent expert to review the findings.