Marcus sorted out my images case for me. Top team got me a great result. Really pleased with the outcome as I can now move on with my life. Thanks Marcus
What is upskirting?
Upskirting is a criminal offence under the Voyeurism (Offences) Act 2019. This Act created two offences that could result in a prison sentence.
Section 67A(1) – operating equipment
This involves anyone using equipment like a phone or camera beneath someone’s clothes to look at their genitals or buttocks (whether they’re covered by underwear or not).
Section 67A (2) – recording images
This applies when someone records an image of someone else’s genitals or buttocks under their clothes without their consent and without reasonable belief that consent has been given. It can also involve recording images of underwear covering those areas.
For both offences it’s up to the prosecution to prove a specific purpose or intent, which is where your defence begins and why you should seek legal advice as quickly as possible.
What is voyeurism?
Voyeurism is a closely related but separate offence under Section 67 of the Sexual Offences Act 2003 which involves observing or recording a private act without the knowledge or consent of the person involved.
The “private act” includes situations where someone’s genitals, buttocks or breasts are exposed including using a toilet, changing or bathing.
Depending whether you’ve been accused under the 2003 Act or the newer 2019 Act you’ll face different legal tests so you need an experienced defence solicitor who knows which applies to your case and how to challenge it properly.
If the images involved were AI-generated or digitally manipulated rather than genuine, this may instead fall under deepfake offences.
What sentence can you get for upskirting or voyeurism?
Under the 2019 Voyeurism (Offences) Act the maximum prison sentence you can face is two years.
But a prison sentence isn’t the only outcome and courts can give you community orders, suspended sentences or fines, depending on the circumstances.
You can also be put on the Sex Offenders Register or face a restraining order.
What can affect your sentence?
Courts will consider a lot of aggravating and mitigating factors before handing down sentences in these kinds of cases. Aggravating factors could include any prior offending, the number of images taken, targeting vulnerable people or sharing anything you record.
Showing genuine remorse, having no prior convictions, having a learning difficulty or proof of taking steps to address any underlying behaviour can all be used in mitigation, which is why seeking specialist legal advice is critical.
Defences we can use against upskirting or voyeurism charges
If you’ve been accused of a sexual offence it doesn’t automatically mean a guilty verdict and there are lots of options we have to defend you against any allegations.
Handling pre-charge investigations
The start of an investigation but before you’re charged is one of the most important times for you to get legal advice. Hiring us for pre-charge engagement means we’ll deal directly with the police and CPS on your behalf before a charging decision is made.
We can start to challenge the direction of an investigation early, making representations about the strength of any evidence and what we believe the police should, or should not, be investigating. We can liaise with the CPS to try and stop a prosecution – by showing there is no realistic prospect of a conviction or where it is not in the public interest to prosecute you.
In many cases we’ve successfully stopped prosecutions against our clients, resulting in no further action (NFA).
If you’ve got a voluntary interview under caution (an invitation to attend a police interview without being arrested), contact us before you attend as what you say – or don’t say – can impact any future investigation. If you have already been arrested and interviewed, contact us now, so we can carry out a full review of the interview and safeguard your interests. We need to check whether the advice you received from a duty solicitor was correct.
How PCD Solicitors can help you
We represent clients at every stage of any upskirting or voyeurism investigation and prosecution. Specialist services include:
- Advice and representation at a voluntary interview under caution
- Representation at the police station if you’re arrested
- Pre-charge engagement and representation to the CPS
- Advice on bail conditions and applications for variations
- Expert review of digital and forensic evidence
- Third-party disclosure applications (phone records, social media, witness history)
- Full defence preparation for Magistrates’ Court and Crown Court hearings
- Challenges against procedures and evidence gathering
Identification challenges
Why choose PCD Solicitors?
PCD Solicitors is a nationwide specialist criminal defence practice. We advise clients across England and Wales on sexual offence allegations, including upskirting and voyeurism cases, from pre-charge to trial and beyond if necessary.
We take a proactive approach to cases, engaging early with investigations so we’re in the best position to challenge evidence and get you the best outcome, including avoiding charges in the first place.
PCD Solicitors is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 801066.
Let’s talk.
Speak to a specialist upskirting solicitor today
The earlier you instruct a solicitor after being accused of upskirting or any other sexual offence the more options you have available, so you need to act quickly.
The Maltings, 100 Wilderspool Causeway,Warrington, Cheshire, WA4 6PU, UK
Frequently asked questions
Is upskirting illegal in the UK?
Yes, upskirting became a specific criminal offence in England, Wales and Scotland under the 2019 Voyeurism (Offences) Act, which came into force in April 2019.
Can you be prosecuted for attempted upskirting?
Yes. Attempted upskirting can be prosecuted under the Criminal Attempts Act 1981 if you do an act that is more than merely preparing to do the full offence. The maximum sentence is the same as if you committed the full offence.
What should I do if I’ve been accused of upskirting?
Contact us straight away before you speak to the police, attend a voluntary interview or make any statements. Don’t discuss any allegations with anyone and definitely don’t post about it or mention it on social media.
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