Essential Legislation

Question 1

Penalty on persons found drunk

Answer 1

s 12 of the Licensing Act 1872

Every person found…

• Drunk in any highway or other public place, whether a building or not, or on any licensed premises.
• Drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine.
• Drunk when in possession of any loaded firearms.

…shall be guilty of an offence.

Penalty:
Summarily – 1 month imprisonment and/ or fine.

Question 2

Drunk in charge of children

Answer 2

s 2 of the Licensing Act 1902

It is an offence for a person to be drunk ‘while having charge of a child under the age of 7 years in any highway, public place, or licensed premises’.

The suspect must be the only person with the child, or alternatively, everyone in a group with the child must be drunk.

Penalty:
Summarily – 1 month imprisonment and/ or fine.

Question 3

Controlled drinking zones

Under what legislation can a local authority designate an area as a ‘controlled drinking zone’ to help control anti-social behaviour?

Answer 3

s 235 of the Local Government Act 1972

It is an offence to fail to comply with a request to surrender alcohol or to cease drinking.

Note the Home Office advice that ‘it is not appropriate to challenge an individual consuming alcohol where that individual is not causing a problem’ (Home Office, 2009b).

Triable summarily and the penalty is a fine, often imposed through a penalty notice.

Question 4

Staff managing or working in places where alcohol is served have a legal responsibility to try to prevent drunkenness and disorder.

People with these responsibilities are listed in s__ of the Licensing Act 2003, and are referred to here as responsible staff. They include:

Answer 4

s 140(1) of the Licensing Act 2003

• The holder of a premises license
• The designated supervisor of a licensed premises
• Any person who works at the premises in a capacity which authorises him/her to prevent disorderly conduct.
• Any member or officer of a club (with a club premises certificate) who has the capacity to prevent disorderly behaviour; and
• The user of a premises with permitted temporary activity, at the permitted time.
  .
  .
  Penalty is a fine.

Question 5

Obtaining alcohol for a person who is drunk

Answer 5

s 142(1) of the Licensing Act 2003

(1) A person commits an offence if, on relevant premises, he knowingly obtains or attempts to obtain alcohol for consumption on those premises by a person who is drunk.

Penalty is a fine.

Question 6

Failure to leave licensed premises

Answer 6

143(1) of the Licensing Act 2003

(1) A person who is drunk or disorderly commits an offence if, without reasonable excuse—
(a) He fails to leave relevant premises when requested to do so by a constable or by a person to whom subsection (2) applies, or

(b) He enters or attempts to enter relevant premises after a constable or a person to whom subsection (2) applies has requested him not to enter.
.
.
s 143(4) of the Licensing Act 2003
- Force can be used to encourage compliance.

Question 7

Right of entry to investigate offences if there is reason to believe that an offence under the Licensing Act 2003 is being committed or about to be?

Answer 7

s 180(1) of the Licensing Act 2003.

Reasonable force can be used (s 180(2))

Question 8

For premises (or any other place) with a club premises certificate, there is a similar power of entry (as s 180(1) of the Licensing Act 2003), if there is reasonable cause to believe that…

Answer 8

• An offence, relating to supplying a controlled drug has been committed, or is about to be, or is being committed at the moment (s 97 (1)(a))
• A breach of the peace may occur (s 97 (1)(b))
  .
  .
  Reasonable force may be exercised for this power (s 97(2)).

Question 9

Alcohol cannot be legally sold to a person under the age of 18. It is an offence to:

Answer 9

s 146(1) of the Licensing Act 2003- sell alcohol to a person under 18 in any place.

s 147(1) of the Licensing Act 2003- knowingly allow the sale of alcohol on relevant premises to an individual aged under 18.

Penalty is a fine.

Question 10

Alcohol cannot be legally sold to a person under the age of 18.

A further more serious offence is committed if…

Answer 10

s 147A of the Licensing Act 2003

On two or more occasions (within three consecutive months) alcohol is unlawfully sold on the same licensed premises to a young person under 18.

Penalty is a fine.

Question 11

Arrest without warrant: constables

Answer 11

s 24 PACE 1984 (Code G)

(1) A constable may arrest without warrant –
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
- Anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)
If a constable has reasonable grounds for suspecting an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)
If an offence has been committed, a constable may arrest without a warrant –
• Anyone who is guilty of the offence
• Anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are—
(a) Name

(b) Address

(c) To prevent the person in question—
(i) Causing physical injury
(ii) Suffering physical injury;
(iii) Causing loss of or damage to property;
(iv) Public indecency
(v) Causing obstruction

(d) Child/ vulnerable person safety
(e) Prompt and effective investigation
(f) Disappearance

Question 12

Drunk and disorderly behaviour in a public place

Answer 12

s 91(1) of the Criminal Justice Act 1967

It is a summary offence for any drunken person to display ‘disorderly behaviour’ in any highway, public place, or licensed premises.

Penalty:
Summarily – 1 month imprisonment and/ or fine.

Question 13

Confiscation of intoxicating liquor.

Answer 13

s1 The Confiscation of Alcohol (Young Persons) Act 1997

(1) Where a constable reasonably suspects that a person in a relevant place is in possession (can be nearby) of alcohol and that either:
i) he is under 18 or
ii) he intends that any of the alcohol should be consumed by a person under the age of 18 in that or any other relevant place or
iii) a person under the age of 18 who is, or has recently been, with him has recently consumed alcohol in that or any other relevant place

Then that person may be required to surrender anything in [his/her] possession which is reasonably believed to be alcohol or a container for such liquor.

Failure to surrender and refused consent to search provides the officer with the power to detain.

Penalty:
Summarily – 1 month imprisonment and/ or fine.

Question 14

Offence of persistently possessing alcohol in a public place (under 18s)

Answer 14

s 30 of the Police and Crime Act 2009.

(1) A person under the age of 18 is guilty of an offence if, without reasonable excuse, the person is in possession of alcohol in any relevant place on 3 or more occasions within a period of 12 consecutive months.

(2) “Relevant place”, in relation to a person, means—
(a) Any public place, other than excluded premises, or
(b) Any place, other than a public place, to which the person has unlawfully gained access.

Penalty is a fine.

Question 15

What is the definition of a psychoactive substance?

Answer 15

s 2(1)(a) of the Psychoactive Substances Act 2016

Any substance (other than controlled drugs, alcohol or tobacco) which is capable of producing a psychoactive effect in a person who consumes it.

Question 16

Producing a psychoactive substance

Answer 16

s4 of the Psychoactive Substances Act 2016

(1) A person commits an offence if—
(a) The person intentionally produces a psychoactive substance,

(b) The person knows or suspects that the substance is a psychoactive substance, and

(c) The person—
(i) Intends to consume the psychoactive substance for its psychoactive effects, or
(ii) Knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by some other person for its psychoactive effects.

Question 17

Supplying, or offering to supply, a psychoactive substance

Answer 17

s5 of the Psychoactive Substances Act 2016

(1) A person commits an offence if—

(a) The person intentionally supplies a substance to another person,
(b) The substance is a psychoactive substance,
(c) The person knows or suspects, or ought to know or suspect, that the substance is a psychoactive substance, and
(d) The person knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied, or by some other person, for its psychoactive effects.

(2) A person (“P”) commits an offence if—

(a) P offers to supply a psychoactive substance to another person (“R”), and
(b) P knows or is reckless as to whether R, or some other person, would, if P supplied a substance to R in accordance with the offer, be likely to consume the substance for its psychoactive effects.

Question 18

Possession of psychoactive substance with intent to supply

Answer 18

s7 of the Psychoactive Substances Act 2016

(1) A person commits an offence if—
(a) The person is in possession of a psychoactive substance,
(b) The person knows or suspects that the substance is a psychoactive substance, and
(c) The person intends to supply the psychoactive substance to another person for its consumption, whether by any person to whom it is supplied or by some other person, for its psychoactive effects.

Question 19

Possession of a psychoactive substance in a custodial institution

Answer 19

s9 of the Psychoactive Substances Act 2016

(1) A person commits an offence if—
(a) The person is in possession of a psychoactive substance in a custodial institution,
(b) The person knows or suspects that the substance is a psychoactive substance, and
(c) The person intends to consume the psychoactive substance for its psychoactive effects.

Question 20

Psychoactive Substances Legislation

Answer 20

s2: Definition of a psychoactive substance
s4: Producing a psychoactive substance
s5: Supplying, or offering to supply, a psychoactive substance
s7: Possession of psychoactive substance with intent to supply
s9: Possession of a psychoactive substance in a custodial institution

Question 21

Possession of a controlled drug

Answer 21

(s 5(2) of the Misuse of Drugs Act 1971)

In order to commit the offence of unlawful possession, a person must unlawfully have a controlled drug in [his/her] possession.

Penalties:

• A: Summary offence = 6 months, indictable offence = 7 years.
• B: Summary offence = 3 months, indictable offence = 5 years.
• C: Summary offence = 3 months, indictable offence = 2 years.
• Unlawful possession of cannabis can also be dealt with by issuing a PND for £90.

Question 22

Certain defences can be raised by those accused of being in possession of controlled drugs….

Answer 22

s5(4) of the Misuse of Drugs Act which

(a) That, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or
(b) That, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.

Question 23

Supplying a Controlled Drug

Answer 23

s 4(3) of the Misuse of Drugs Act

It is an offence to unlawfully…

(a) to supply or offer to supply a controlled drug to another (supply can even just mean passing a joint)
(b) to be concerned in the supplying of such a drug to another; or
(c) to be concerned in making an offer to supply a controlled drug to another

Penalties:

• A: Summary offence = 6 months, indictable offence = Life imprisonment.
• B: Summary offence = 6 months, indictable offence = 14 years.
• C: Summary offence = 3 months, indictable offence = 14 years.

Question 24

Possession of a controlled drug with intent to supply is an offence under what legislation?

Answer 24

s 5(3) of the Misuse of Drugs Act 1971

It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act (can be class C even if they thought it was Class A etc).

Penalties:

• A: Summary offence = 6 months, indictable offence = Life imprisonment.
• B: Summary offence = 6 months, indictable offence = 14 years.
• C: Summary offence = 3 months, indictable offence = 14 years.

Question 25

Far more serious than the simple possession of illegal drugs is the supply and distribution of them, and it is predominantly these suppliers who are the target of police operations. There are a number of offences relating to the supply of illegal drugs, including some useful 'catch all' offences. The main offences covered here are:

Answer 25

- Importation of controlled drug (s 3(1)) - Production of a controlled drug (s 4(2)) - Supplying a controlled drug (s 4(3)) - Possession with intent to supply (s 5(3)) - Cultivation of Cannabis (s 6)

Question 26

Production of controlled drugs

Answer 26

s 4(2) of the Misuse of Drugs Act 1971 (a) It is an offence to produce a controlled drug in contravention of subsection (1)...or; (b) to be concerned in the production of such a drug in contravention of that subsection by another (doesn't count just letting people use your kitchen for example). Penalties: - A: Summary offence = 6 months, indictable offence = Life imprisonment. - B: Summary offence = 6 months, indictable offence = 14 years. - C: Summary offence = 3 months, indictable offence = 5 years.

Question 27

Cultivation of Cannabis

Answer 27

s6 of the Misuse of Drugs Act 1971 (1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person to cultivate any plant of the Genus Cannabis. Penalties: - Indictment – 14 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 28

Occupier or manager of premises used for controlled drug offences legislation

Answer 28

s 8 of the Misuse of Drugs Act 1971. Occupier doesn't have to be tenant or owner, but has to have sufficient control over the premises that he/she could prevent drug related activities. In practice, this is often taken to be someone who has the right to deny a person entry to the premises. There is no requirement for the 'occupier' to have any legal connection to the premises. a) Producing or attempting to produce a controlled drug. b) Supplying, attempting to supply or offering to supply a controlled drug to another. c) Preparing opium for smoking. d) Smoking cannabis, cannabis resin, or prepared opium. There must be evidence for one of these to have occurred. You will see that this leaves several gaping holes for offenders to slip through. There is nothing preventing the preparation and smoking of crack cocaine, nor even injecting heroin. Thankfully, the main purpose is to trap those who manage premises where drugs are produced or supplied

Question 29

The legal import and export of controlled drugs requires a license and is covered under what legislation?

Answer 29

s 3(1) of the Misuse of Drugs Act 1971.

Question 30

The Misuse of Drugs Act 1971 provides a number of specific enforcement powers...

Answer 30

s23 Misuse of Drugs Act 1971 (1) [...] Power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs. (2) If a constable has reasonable grounds to suspect that any person is in unlawful possession of a controlled drug ... the constable may— (a) Search that person, and detain him for the purpose of searching him; (b) Search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it; (c) Seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act. (3) Reasonable grounds to believe controlled drugs on premises or documents pertaining to such, can execute warrant...

Question 31

There is a general defence available under sXX of the Misuse of Drugs Act 1971 to a defendant charged with certain drug offences...

Answer 31

s28 Misuse of Drugs Act 1971 - It shall be a defence for the accused to prove that he neither knew of nor suspected nor had reason to suspect the existence of a controlled drug. s28(3)(a) Prevents defendants just using defence that they thought one drug was another type. Applies to... - Production of a controlled drug (s 4(2)) - Supplying a controlled drug (s 4(3)) - Possession of a controlled drug (s 5(2)) - Possession with intent to supply (s 5(3)) - Cultivation of Cannabis (s 6) - Offences connected with Opium (s 9)

Question 32

Under what new legislation can cannabis based products be prescribed by doctors for medicinal use?

Answer 32

(SI 2018/1055 The Misuse Of Drugs (Amendments) (Cannabis and License Fees) Regulations 2018.

Question 33

Under what legislation is it an offence to knowingly acquire possession or be concerned in transporting, storing or concealing drugs, or be concerned in any fraudulent evasion or attempted evasion of restriction?

Answer 33

s 170 of the Customs and Excise Management Act 1979 Penalties: - A: Summary offence = 6 months, indictable offence = Life imprisonment. - B: Summary offence = 6 months, indictable offence = 14 years. - C: Summary offence = 3 months, indictable offence = 5 years.

Question 34

According to the Sexual Offences Act 2003, what is consent?

Answer 34

s 74 Sexual Offences Act 2003 A person consents if he agrees by choice, and has the freedom and capacity to make that choice.

Question 35

The Sexual Offences Act 2003 introduced two sets of presumptions which courts can make in relation to the guilty knowledge of the defendant:

Answer 35

Evidential presumptions (s 75) Conclusive presumptions (s 76)

Question 36

What is evidential presumption?

Answer 36

Section 75 lists the circumstances in which rebuttable evidential presumptions about the absence of consent apply (defence can provide evidence that victim did in fact consent). If the defendant did the relevant act, as defined in section 77 (the sexual activity within sections 1-4), and the circumstances specified in subsection (2) exist and the defendant knew they existed, then the complainant is to be taken not to have consented.

Question 37

What is conclusive presumption?

Answer 37

Covered in section 76 of the Sexual Offences Act 2003. Covers circumstances in which the victim has been deceived, in which case no amount of evidence can prove that consent had been given. The court will presume that the victim did not legally consent and that the defendant had no reasonable belief that consent had been given, if it proved in court that the defendant intentionally... (a) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act; (b) the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.

Question 38

Acts of a Sexual Nature in Public Places/ Exposure/ Flashing is covered by what legislation?

Answer 38

s 66(1) of the Sexual Offences Act 2003 He/she exposes his/her genitals and intends that someone will see this and be caused alarm or distress. Penalties: - Indictment – 2 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 39

Sexual activity in a public lavatory

Answer 39

s 71 of the Sexual Offences Act 2003. There is no need for witnesses, and if there are, they don't need to be outraged/ distressed. Activity needs to be such that a reasonable person would regard it as sexual in nature. Penalties: - Summary – 6 months and/ or a fine.

Question 40

What is voyeurism?

Answer 40

s 67(1) of the Sexual Offences Act 2003. a) A person commits voyeurism if for the purpose of gaining sexual gratification he/ she observes another person doing a private act b) ...he\she knows that the other person does not consent to being observed for [the purposes of] sexual gratification.

Question 41

Voyeurism using live link equipment is covered under what legislation?

Answer 41

s 67(2) of the Sexual Offences Act 2003. Person A commits an offence if he/she operates an equipment with the intention of enabling another person B to observe, for sexual gratifications, a third person C doing a private act. Person A must know that C has not consented to this.

Question 42

The recording of images in relation to voyeurism is covered under what legislation?

Answer 42

s 67(3) of the Sexual Offences Act 2003. Similar to s 67(2) except that the acts are recorded and not just transmitted. Aggravating factors include recording of images in relation to voyeurism to then circulate these images or recordings, particularly when motivated by commercial gain (Sentencing Guidelines Council, 2007).

Question 43

Installing equipment and adapting structures for voyeurism is covered under what legislation?

Answer 43

s 67(4) of the Sexual Offences Act 2003. The offence is committed even if the installation of adaptation is never used. A structure can include a tent, vehicle, vessel, or some other temporary or moveable structure.

Question 44

Voyeurism offences penalties...

Answer 44

Penalties: - Indictment – 2 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 45

What is up-skirting?

Answer 45

Describe practices where an individual photographs or films from below under another person's clothing (without consent), with the intention of viewing the victim's genitals or buttocks. Committed even if wearing underwear. s 67a Sexual Offences Act 2003 new laws will make it illegal, max sentence of 2 years imprisonment on indictment and 12 months if tried summarily.

Question 46

Voyeurism: interpretation

Answer 46

s 68 of the Sexual Offences Act 2003. (1) For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and— (a) The person’s genitals, buttocks or breasts are exposed or covered only with underwear, (b) The person is using a lavatory, or (c) The person is doing a sexual act that is not of a kind ordinarily done in public.

Question 47

The term sexual appears in ss 2, 3 and 4 as well as many of the child sex offences. According to s 78 of the Sexual Offences Act 2003, when can an activity be 'sexual'?

Answer 47

If a reasonable person would consider that— (a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

Question 48

What are Sections 1-4 of the Sexual Offences Act 2003?

Answer 48

Rape (s 1) Assault by penetration (s 2) Sexual assault (s 3) Causing another person to engage in sexual activity without consent (s 4)

Question 49

Recent case law has made it clear that certain deceptions that fall outside s 76 can be dealt was a lack of consent under s 74. These include deceptions concerning...

Answer 49

The gender of the perpetrator. Whether a condom will be used. Blackmail. Where a person lies about his/her HIV status (would amount to GBH rather than rape). ....Could negate consent.

Question 50

Rape

Answer 50

s1 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. Penalty: - Indictment – Life.

Question 51

Assault by penetration

Answer 51

s2 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration, and (d) A does not reasonably believe that B consents. Penalty: - Indictment – Life.

Question 52

Assault by penetration

Answer 52

s2 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration, and (d) A does not reasonably believe that B consents. Penalty: - Indictment – Life.

Question 53

Sexual Assault

Answer 53

s3 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching, and (d) A does not reasonably believe that B consents. Penalties: - Indictment – 10 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 54

Causing a person to engage in sexual activity without consent

Answer 54

s4 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally causes another person (B) to engage in an activity, (b) the activity is sexual, (c) B does not consent to engaging in the activity, and (d) A does not reasonably believe that B consents. Aggravating factors: - Large age difference between offender and victim - General vulnerability of victim - Use of weapons to commit the offence Penalties: - Indictment – 10 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 55

Rape of a child under 13

Answer 55

s5 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and (b) the other person is under 13. Sexual organs can have been constructed through surgery and penetration is a continuous act from entry to withdrawal. Defendant cannot contend he thought they were over 16. Penalty: - Indictment – Life.

Question 56

Assault of a child under 13 by penetration

Answer 56

s6 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina or anus of another person with a part of his body or anything else, (b) the penetration is sexual, and (c) the other person is under 13. Penalty: - Indictment – Life.

Question 57

Sexual assault of a child under 13 without penetration

Answer 57

s7 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally touches another person, (b) the touching is sexual, and (c) the other person is under 13. Penalties: - Indictment – 14 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 58

Causing or inciting a child under 13 to engage in sexual activity (1)

Answer 58

s8 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, and (c) B is under 13. ...can be committed by a man or a woman, can involve the child acting alone or with another person, incitement alone can lead to an offence. Penalties: - Indictment – 14 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 59

Causing or inciting a child under 13 to engage in sexual activity (2) A person guilty of an offence under this section, if the activity caused or incited involved—

Answer 59

s8 of the Sexual Offences Act 2003 (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, ...is liable, on conviction on indictment, to imprisonment for life.

Question 60

Sexual activity with a child

Answer 60

s9 of the Sexual Offences Act 2003 (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, and (c) either— (i) B is under 16 (proof of age required) and A does not reasonably believe that B is 16 or over, or (ii) B is under 13 (no defence available). Penalties: - Indictment – 14 years and/ or a fine. - Summary – 6 months and/ or a fine. (2) If with penetration (14 years).

Question 61

Causing or inciting a child under 16 to engage in sexual activity

Answer 61

s10 of the Sexual Offences Act 2003 (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. Penalties: - Indictment – 14 years and/ or a fine. - Summary – 6 months and/ or a fine. (2) If with penetration (14 years).

Question 62

Engaging in sexual activity in the presence of a child

Answer 62

s11 of the Sexual Offences Act 2003 (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— - (i) when another person (B) is present or is in a place from which A can be observed, and - (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and (d) either— - (i) B is under 16 and A does not reasonably believe that B is 16 or over, or - (ii) B is under 13. Penalties: - Indictment – 10 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 63

Causing a child to watch a sexual act

Answer 63

s12 of the Sexual Offences Act 2003 (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, and (c) either— - (i) B is under 16 and A does not reasonably believe that B is 16 or over, or - (ii) B is under 13. Penalties: - Indictment – 10 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 64

Child sex offences committed by children or young persons

Answer 64

s12 of the Sexual Offences Act 2003 (1) A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18. Penalties: - Indictment – 5 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 65

Possession of extreme pornographic images

Answer 65

s63 of the Possession of extreme pornographic images (1) It is an offence for a person to be in possession of an extreme pornographic image. (2) An “extreme pornographic image” is an image which is both— (a) Pornographic, and ((3) produced solely or principally for the purpose of sexual arousal) (b) An extreme image. (7) An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following— (a) an act which threatens a person's life, (b) an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals, (c) an act which involves sexual interference with a human corpse, or (d) a person performing an act of intercourse or oral sex with an animal (whether dead or alive),

Question 66

Defences for possessing extreme images include...

Answer 66

s 65 of the Criminal Justice and Immigration Act 2008 (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image; (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time.

Question 67

Possession of extreme pornographic images offence penalties

Answer 67

Triable either way and the penalty is 12 months imprisonment and/ or a fine if tried summarily. For trials on indictment the penalty is imprisonment (3 years for images which depict life threatening acts or involve serious injury; and two years for images that involve necrophilia or bestiality.

Question 68

Possession of prohibited images of children

Answer 68

s62 Coroners and Justice Act 2009 (1) It is an offence for a person to be in possession of a prohibited image of a child. (2) A prohibited image is an image which— (a) Is pornographic (produced solely or principally for the purpose of sexual arousal) (b) Focuses solely or principally on a child's genitals or anal region (c) Is grossly offensive, disgusting or otherwise of an obscene character.

Question 69

What are excluded images?

Answer 69

Excluded in the sense that they would not be of concern for the offences under s 63(1) of the Criminal Justice and Immigration Act 2009. - Must be part of a full length mainstream or documentary film classified by the British Board of Film Classification (BBFC) and will not be considered as pornographic if shown as part of the complete film. If parts have been extracted solely/ principally for the purpose of sexual arousal = no longer excluded (s 63(3)).

Question 70

Possession of prohibited images of children Defences

Answer 70

s64 Coroners and Justice Act 2009 (1) Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters— (a) That the person had a legitimate reason for being in possession of the image concerned; (b) That the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child; (c) That the person— (i) Was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) Did not keep it for an unreasonable time.

Question 71

Producing and distributing indecent photographs of children

Answer 71

s 1 of the Protection of Children Act 1978 (a) To take, or permit to be taken [or to make], any indecent photograph [or pseudo-photograph] of a child; or (b) To distribute or show such indecent photographs [or pseudo-photographs]; or (c) To have in his possession such indecent photographs [or pseudo-photographs], with a view to their being distributed or shown by himself or others; or (d) To publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs [or pseudo-photographs], or intends to do so. Penalties: - Indictment – 10 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 72

Producing and distributing indecent photographs of children Defences

Answer 72

s 1(4) of the Protection of Children Act 1978 - Had a legitimate reason for distributing, showing or having possession of the photographs or pseudo-photographs. - The defendant did not see the photographs or pseudo-photographs, or saw them and did not know they were indecent or have any cause to suspect them to be indecent. 1B Exception for criminal proceedings, investigations etc.

Question 73

Possession of indecent photograph of child

Answer 73

s160 Criminal Justice Act 1988 (1) It is an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession. (2) Where a person is charged with an offence under subsection (1) above, it shall be a defence for him to prove— (a) That he had a legitimate reason for having the photograph or pseudo-photograph in his possession; or (b) That he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or (c) That the photograph or pseudo-photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time. Penalties: - Indictment – 5 years and/ or a fine. - Summary – 6 months and/ or a fine.

Question 74

It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made—

Answer 74

s 33(1) of the Criminal Justice and Courts Act 2015 (a) without the consent of an individual who appears in the photograph or film, and (b) with the intention of causing that individual distress. (2) But it is not an offence under this section for the person to disclose the photograph or film to the individual mentioned Penalties: - Indictment – 2 years and/ or a fine. - Summary – 12 months and/ or a fine.

Question 75

Disclosing a private sexual photograph or film Defences

Answer 75

Criminal Justice and Courts Act 2015 (s 33(3)) Disclosure is necessary to prevent, detect or investigate a crime. (s 33(4)) Relates to the preparation or publication of journalistic material which is in the public interest. (s 33(5)) There was a reasonable believe that the images had already been released for reward, and there was no reason to doubt that the portrayed person had not consented to the release, for example as commercial pornography.

Question 76

What is a prostitute defined as?

Answer 76

(s 51(2) of the Sexual Offences Act 2003). A person, who on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to [him/her] or a third person'.

Question 77

Under what legislation is it an offence for a person to solicit the services of a prostitute in a public place?

Answer 77

s 51A of the Sexual Offences Act 2003 Triable summarily and the penalty is a fine.

Question 78

Paying for sexual services of a prostitute subjected to force etc.

Answer 78

53A of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) A makes or promises payment for the sexual services of a prostitute (B), (b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and (c) C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B). Has to involve exploitative conduct to induce or encourage provision of sexual services anywhere in the world. Conduct can be force, threats, coercion and deception. Irrrelevant if services are actually provided, or whether client is aware of exploitative context Penalty: - Summary – 6 months and/ or a fine.

Question 79

Causing or inciting prostitution for gain

Answer 79

52 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) He intentionally causes or incites another person to become a prostitute in any part of the world, and (b) He does so for or in the expectation of gain for himself or a third person.

Question 80

Controlling Prostitution for Gain

Answer 80

53 of the Sexual Offences Act 2003 (1) A person (A) commits an offence if— (a) he/she intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and (b) he/she does so for or in the expectation of gain for himself/herself or a third person.

Question 81

1. Persistently* loiter or solicit in a street or public place for the purpose of prostitution. 2. Solicit the services of a prostitute in a public place. 3. Causing or inciting prostitution for gain 4. Paying for sexual services of a prostitute subjected to force 5. Controlling Prostitution for Gain 6. Manage/ keep a brothel

Answer 81

1. s 1(1) of the Street Offences Act 1959 2. s 51(A) SOA 2003 3. s 52 SOA 2003 4. s 53(A) SOA 2003 5. S53 (1) SOA 2003 6. S33 SOA 2003

Question 82

1. s 1(1) of the Street Offences Act 1959 2. s 51(A) SOA 2003 3. s 52 SOA 2003 4. s 53(A) SOA 2003 5. S53 (1) SOA 2003 6. S33 SOA 2003

Answer 82

1. Persistently* loiter or solicit in a street or public place for the purpose of prostitution. 2. Solicit the services of a prostitute in a public place. 3. Causing or inciting prostitution for gain 4. Paying for sexual services of a prostitute subjected to force 5. Controlling Prostitution for Gain 6. Manage/ keep a brothel

Question 83

s 1(1) of the Street Offences Act 1959 states that it is an offence for a person (male or female) to:

Answer 83

Persistently* loiter or solicit in a street or public place for the purpose of prostitution. *conduct is persistent if it takes place on two or more occasions in any period of three months; Penalty: - This offence is triable summarily and the penalty is a fine or a court order requiring the offender to attend three meetings with a suitable person.

Question 84

Slavery, servitude and forced labour are all offences under what legislation?

Answer 84

s 1 of the Modern Slavery Act 2015