Digital Age Legal Challenges: Tech Evidence Explained
by Zoe Corderoy | Dealing with the Police

Voyeurism allegations in Brighton and Hove are prosecuted under Section 67A of the Sexual Offences Act 2003 and are treated as serious sexual offences by Sussex Police and the courts. To secure a conviction, the prosecution must prove several specific elements beyond reasonable doubt.
The court must be satisfied that the accused deliberately operated equipment beneath another person’s clothing, enabling themselves or another person to view the individual’s genitals, buttocks or underwear, in circumstances where the person had a reasonable expectation of privacy. The prosecution does not need to recover the device or images in order to proceed.
It must also be shown that the accused intended to operate the equipment, did not reasonably believe consent had been given, and that the conduct was carried out either for sexual gratification or with the purpose of humiliating, alarming or distressing the complainant. Failure to prove any one of these elements can significantly weaken the case.
Voyeurism is an either-way offence, meaning cases may be dealt with at Brighton Magistrates’ Court or committed to the Crown Court depending on seriousness. The most serious offences can attract a custodial sentence of up to two years, while lower-level cases may result in a fine or community-based sentence.
Where a voyeurism offence is linked to a recognised voyeuristic disorder, the court may impose a hospital order rather than a prison sentence. Sentencing decisions will reflect factors such as intent, planning, harm caused and any previous convictions.
A conviction may also lead to sex offender notification requirements, commonly referred to as the Sex Offenders Register. This is likely where the offence is deemed sexual in nature or where:
Registration can have long-term consequences for employment, housing and personal relationships.
Depending on the evidence, voyeurism investigations in Brighton may also involve related charges such as:
Voyeurism law has developed rapidly in Brighton and Hove, particularly following the introduction of the Voyeurism Offences Act 2019, which created a specific offence of upskirting. This covers the taking of images beneath another person’s clothing without consent, regardless of gender or clothing type, and whether carried out for sexual gratification or to cause distress. The offence is triable either way. The law has also been expanded to criminalise the non-consensual recording or observation of breastfeeding, following amendments to existing legislation. While down-blousing is still under review by the Law Commission, related behaviour may already fall within current offences. Allegations of this nature should always be treated with urgency and specialist advice sought.
Our Brighton voyeurism solicitors regularly advise individuals facing allegations arising from a range of situations, including:
Brighton’s busy nightlife, large visitor population and widespread use of CCTV and mobile technology mean that voyeurism investigations often focus heavily on digital evidence and forensic analysis, rather than direct eyewitness accounts. Early specialist advice is essential to ensure evidence is properly reviewed, context is established, and your rights are protected from the outset.
Old Bailey Solicitors is recognised as a Band 1 Leading Firm by Chambers & Partners for criminal defence across the South East. Our voyeurism solicitors in Brighton provide discreet, specialist representation tailored to the sensitivities of sexual offence allegations.
We offer:
Our team regularly appears at Brighton Magistrates’ Court and across Sussex, bringing calm, experienced guidance at every stage.
If you are under investigation or facing an allegation of voyeurism, our experienced voyeurism defence solicitors in Brighton are here to help. We understand how sensitive and distressing these situations can be, and how important it is to obtain clear legal advice without delay. Our team offers discreet, expert support whenever you need it, including urgent police station representation.
Old Bailey Solicitors
Brighton Office
Telephone: 01273 044647
Email: [email protected]
By train
Our Brighton office is conveniently located within easy reach of Brighton Station, which is served by frequent mainline services from London, Gatwick and across Sussex. From the station, the office can be reached on foot or via a short taxi or bus journey, depending on your starting point.
By bus
Brighton & Hove operates an extensive bus network, with multiple routes stopping close to our office. This makes travelling to us straightforward from Brighton city centre, Hove and surrounding areas.
By car
There are several public car parks within walking distance of our office, including nearby city-centre car parks. Pay-and-display parking is also available in surrounding streets, subject to local restrictions.
We are committed to providing an accessible and welcoming service to all clients. If you have any specific access requirements, please contact us in advance and we will be happy to discuss how we can assist.
