Secondly, the defendant must show that there is enough evidence to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child consented (section 1A(4)).Firstly, the defendant must prove that the photograph in question was of the child aged 16 or over and that at the time of the taking or making of the photograph he and the child were married or living together as partners in an enduring family relationship (section 1A(1)).It was believed, however, that use of photographs within an established relationship should not be criminalised, and therefore the section also creates a number of conditions which if satisfied will mean that the defendant is not guilty of an offence under section 1(1)(a), (b) or (c) of the 1978 Act (provided that the offence charged relates to a photograph and not a pseudo-photograph).Ĩ.3 The conditions in relation to an offence under section 1(1)(a) of the 1978 Act (taking or making indecent photographs) are as follows: The same change applies to the offence of possessing an indecent photograph or pseudo-photograph of a child at section 160 of the Criminal Justice Act 1988 (section 160(4) applies the 1978 Act definition of “child”).Ĩ.2 The section is intended to provide additional protection to children of this age particularly from widespread dissemination of photographs, not least since once they are distributed on the internet they can never be recalled. 45 Indecent photographs of persons aged 16 or 17.Ĩ.1 Section 45 amends the Protection of Children Act 1978 so that the offences under that Act of taking, making, permitting to take, distributing, showing, possessing with intent to distribute, and advertising indecent photographs or pseudo-photographs of children will now also be applicable where the photographs concerned are of children of 16 or 17 years of age. Extract from draft Home Office Guidelines on the SOA 2003 S.
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. In proceedings for an offence under section 1(1)(a) Protection of Children Act 1978 of making an indecent photograph or pseudo-photograph, the defendant is not guilty of the offence if he proves that – The Protection of Children Act 1978 – meaning of “child” - increased from 16 to 18 years of age.
45 Indecent photographs of persons aged 16 or 17. A complete version of the SOA 2003 is available here. The Act amends parts of the Protection of Children Act 1978 accordingly. The following sections are pertinent extracts from the Sexual Offences Act 2003 (SOA 2003), which came into force on the 1st May 2004.
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