A South Tyneside man, James Marshall, aged 31, from Bunyan Avenue, Biddick Hall, avoided immediate custody after admitting to possessing vile child abuse images. The case came to light following a tip-off from the National Crime Agency (NCA), which prompted a raid by local officers on his home on 7 September 2022.
During the search, officers found Marshall asleep in bed and seized several electronic devices, including a Samsung mobile phone, a USB drive, an X-Box, and a Nokia phone from a second bedroom. The incriminating material was discovered on a SIM card extracted from the Samsung device, containing seven Category A images—the most serious classification—of indecent photographs or pseudo-photographs of children, along with three each in Categories B and C. Additionally, Marshall admitted to possessing one extreme pornographic image depicting a person performing a sex act on a dog.
At South Tyneside Magistrates' Court, Marshall pleaded guilty to three counts of making an indecent photograph or pseudo-photograph of a child and one count of possessing an extreme pornographic image. Prosecutor Clare Irving outlined the investigation, stating: “Officers attended his home address and conducted arrest and search inquiries. It was in relation to an allegation of uploading indecent images of children.” She noted that Marshall made no comment during his police interview.
Despite his guilty pleas, Marshall maintained through his defence that he had stumbled upon the images accidentally. Defence solicitor Chris Wilson argued on his behalf: “He is willing to engage with the Probation Service on the rehabilitation requirements identified in the report. There is genuine remorse, which is clear from his guilty pleas. He leads quite a lonely life, and that loneliness has led to these offences. He accepts culpability. He is someone who can be worked with on their rehabilitation.” The Probation Service report supported the view that Marshall could be rehabilitated, reducing the likelihood of reoffending through intervention.
District Judge Zoe Passfield acknowledged Marshall's claim of accidental discovery but proceeded with sentencing. She imposed a six-month prison term, suspended for two years, along with a requirement to complete 40 days of rehabilitation activity. Marshall was also made subject to the notification requirements of the Sexual Offences Act 2003 and a sexual harm prevention order, both lasting 10 years. He was ordered to pay a £154 victim surcharge and £85 in court costs, with all seized electronic devices forfeited and destroyed.
The case highlights the role of the NCA in tackling online child exploitation, with local police executing the warrant. This incident underscores the serious nature of possessing child abuse material, even if not actively sought, leading to significant long-term restrictions on Marshall's life.