Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Protection of Children Act 1978

Consolidated Text As Enacted Cited authorities 22 Cited in Amendments 79 Related
Vincent
JurisdictionUK Non-devolved
to take, or permit to be taken F1or to make, any indecent photograph F1or pseudo-photograph of a child . . .; orto distribute or show such indecent photographs F3or pseudo-photographs; orto have in his possession such indecent photographs F3or pseudo-photographs, with a view to their being distributed or shown by himself or others; orto publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs F3or pseudo-photographs, or intends to do so.(2) For purposes of this Act, a person is to be regarded as distributing an indecent photograph F4or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.(3) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions.that he had a legitimate reason for distributing or showing the photographs F5or pseudo-photographs or (as the case may be) having them in his possession; orthat he had not himself seen the photographs F5or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent.(5) References in the (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In paragraph 1 of the Schedule of Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court) , after sub-paragraph (b) (viii) (inserted by the Sexual Offences Act 1956) there shall be added—
  • (ix) section 1(1) (a) of the Protection of Children Act 1978
.section 1(1) (a) of the Protection of Children Act 1978were married F26or civil partners of each other, orlived together as partners in an enduring family relationship.were married F27or civil partners of each other, orlived together as partners in an enduring family relationship.(3) This section applies whether the photograph F36or pseudo-photograph showed the child alone or with the defendant, but not if it showed any other person.(4) In the case of an offence under section 1(1) (a) , if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph F36or pseudo-photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.(5) In the case of an offence under section 1(1) (b) , the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.as to whether the child consented to the photograph F36or pseudo-photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, andas to whether the defendant had the photograph F36or pseudo-photograph in his possession with a view to its being distributed or shown to anyone other than the child,it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,at the time of the offence charged he was a member of the Security Service F32or the Secret Intelligence Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of F33that Service, or at the time of the offence charged he was a member of GCHQ , and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ. (2)

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT