I'm currently studying computer-related crimes/forensics, and have an interesting mock case that is posing some challenges for me.
The defendant is a 19 year-old who was involved with 'sexting' when they were 17, and at the time they had shared the indecent images of their 16 year-old partner with their friends.
Since the offence was committed two years ago when they were a child, I am unsure as to whether this could still be prosecuted:
- The defendant was legally a child at the time (17)
- The 6 month SoL has already passed, assuming that this would be dealt with as a summary offence by a magistrate's court
In the UK, Indecent and Prohibited Images of Children sets out either-way offences, so it would be possible for a Crown Court to take this on (so there would be no SoL).
Would this case be thrown out due to the SoL, or would the defendant still be prosecutable? Or is that not possible to determine based on the information here?
In addition, would the defendant be prosecuted as a child (as the offence was committed while they were a child), or would they be prosecuted as an adult as the report was filed while they were an adult?