Sexual Offences against Children Flashcards

Question

What is the offence of arranging or facilitating the commission of a child sex offence?

Answer 1

Sexual Offences Act 2003, s14 (1) A person commits an offence if— (a) he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and (b) doing it will involve the commission of an offence under any of sections 5 to 13 (child sex offences)

Answer 2

Triable either way 14 years’ imprisonment on indictment

Answer 3

Offence applies to activities by which D intends to commit one of those relevant child sex offences him/herself, or by which D intends or believes another person will do so, in either case in any part of the world Offence is complete whether or not the sexual activity takes place

Answer 4

D approaching a third person to procure a child to take part in sexual activity with him or where D makes travel arrangements for another in the belief that the other person will commit a relevant child sex offence

Answer 5

Specifically excludes the actions of those acting for the child's protection who arrange or facilitate something that they believe another person will do, but that they do not intend to do or intend another person to do

Answer 6

Acting for the child’s protection must fall within one of the following: 1. protecting the child from sexually transmitted infection; 2. protecting the physical safety of the child; 3. preventing the child from becoming pregnant; or 4. promoting the child’s emotional well-being by the giving of advice, and not for obtaining sexual gratification or for causing or encouraging the activity constituting the relevant child sex offence or the child’s participation in it.

Answer 7

This statutory exception (contained in s. 14(2) and (3)) covers activities such as health workers supplying condoms to people under 16 who are intent on having sex in any event and need protection from infection

Answer 8

Sexual Offences Act 2003, s15 (1) A person aged 18 or over (A) commits an offence if— (a) A has met or communicated with another person (B) on one or more occasions and subsequently— (i) A intentionally meets B, (ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or (iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence, (c) B is under 16, and (d) A does not reasonably believe that B is 16 or over

Answer 9

Triable either way 10 years’ imprisonment on indictment

Answer 10

The initial action of D involves either a meeting or a communication with V (who must be under 16) on at least one previous occasion. Such meetings or communications can be innocuous and have no sexual element eg; family occasions or during the course of youth activities.

Answer 11

Anywhere in the world

Answer 12

The only requirement prior to an intentional meeting during which an offender intends to do anything to a complainant which, if carried out, would involve the commission by the offender of a relevant offence is a meeting or communication ‘on one or more occasions’

Answer 13

There is no requirement that either communication be sexual in nature (R v G [2010])

Answer 14

The communication can include text messaging or interactions in internet ‘chat rooms’. Such contact can have taken place in any part of the world

Answer 15

Once the earlier meeting or communication has taken place, the offence is triggered by: - an intentional meeting with V; - D travelling with the intention of meeting the victim; - D arranging to meet the victim; - V travelling to meet the defendant in any part of the world An offence will be committed by an adult where a child under 16 travels to meet the adult or the adult arranges to meet the child

Answer 16

At the time of any of the above activities, D must intend to do anything to or in respect of V, during or even after the meeting, that would amount to a relevant offence. Note that the intended offence does not have to take place. You must show that V was under 16 and that D did not reasonably believe that he/she was 16 or over

Answer 17

Sexual Offences Act 2003, s15A (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B), (b) the communication is sexual or is intended to encourage B to make (whether to A or another) a communication that is sexual, and, (c) B is under 16, and A does not reasonably believe that B is 16 or over

Answer 18

Triable either way Two years’ imprisonment on indictment

Answer 19

Definition of the term 'sexual' under s78 of the Act does not apply to this offence! For the purposes of this section, a communication is sexual if: - any part of it relates to ‘sexual activity’; or - a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider any part of the communication to be sexual

Answer 20

Any activity that a reasonable person would, in all circumstances but regardless of any person's purpose, consider to be sexual (s15A(2))

Answer 21

Offence criminalises conduct where an adult intentionally communicates (eg: by email, text, written note or orally) with a child under 16 (whom the adult does not reasonably believe to be aged 16 or over) for the purpose of obtaining sexual gratification if the communication is sexual or intended to encourage the child to make a communication that is sexual in response, whether to D himself or someone else

Answer 22

Talking sexually to a child via an internet chat room or sending sexually explicit text messages to a child as well as inviting a child to communicate sexually (irrespective of whether the invitation is itself sexual)

Answer 23

The offence is designed to ensure that it does not criminalise, for example, ordinary social or educational interactions between children and adults or communications between young people themselves as the communication must be for the corrupt purpose of obtaining ‘sexual gratification’ Sexual gratification is the same as in s11 and 12- does not matter if D made a relevant communication to obtain immediate sexual gratification or the obtaining of such gratification was part of a longer term plan, or both

Answer 24

It should not criminalise sexualised discussions between adults and children for legitimate purposes eg: sex ed or advice

Answer 25

The prohibited behaviour under s16-19 is along the same lines as that prohibited by the child sex offences in s9, 10, 11 and 12 except that they are - - committed by a person in a 'position of trust' (POT); and - can be committed against a 'child' who is 'under 18' (so V can be 16 or 17 years old)

Answer 26

Abuse of trust offences are triable either way. Carry a maximum sentence of 5 years.

Answer 27

Primary purpose of the abuse of trust provisions is to provide protection for young people aged 16 or 17 who are considered to be particularly vulnerable to exploitation by those who hold a position of trust or authority in their lives and should not take advantage of their position to obtain sexual favours.

Answer 28

The disparity of power in the relationship raises concerns about the validity of any such consent. They are designed to protect 16 and 17 year olds from being persuaded to engage in sexual activity which would not be criminal, except for D's position of trust in relation to the young person

Answer 29

Firstly, they must prove that the relevant sexual act took place. They then must prove that V was under 18. If so, D is presumed not to have reasonably believed that V is 18 or over unless D adduces evidence to raise an evidential burden. Prosecution must then rebut that presumption if evidence is produced. Must then prove D knew or could reasonably be expected to know that he/she is in a position of trust to a victim.

Answer 30

If V is under 13, no question of reasonable belief arises.

Answer 31

Defined under s21 of the Act - where the child is detained following conviction for a criminal offence, for example in a secure training centre or a young offenders institution (s. 21(2); - in a wide range of settings in which young people are accommodated, including foster care, residential care (local authority, private or voluntary, including secure accommodation) and semi-independent accommodation (s. 21(3); - where young people with medical conditions, physical or learning disabilities, mental illness or behavioural problems might be accommodated and includes NHS, private and voluntary accommodation (s. 21(4); - where the child is receiving education in an educational institution (and the offender is not receiving education at that institution) (s. 21(5)); - where, on a regular basis, the child is coached, taught, trained, supervised or instructed in a sport or a religion (s. 22A(1))

Answer 32

If the position of trust held by the defendant falls within any of the above categories, it will be presumed that the defendant knew (or could reasonably have been expected to know) that there was a position of trust between him/her and the victim unless he/she can point to some evidence to the contrary

Answer 33

Same defence as exists for general offence in s9. It is a defence against aiding, abetting, or counselling an offence of sexual activity with a child where V is under 16, if the purpose is to protect the child against STI, physical safety of child, becoming pregnant, promote child's emotional well-being by giving advice unless the real purpose is to obtain sexual gratification or to cause the relevant sexual act eg: school nurse giving advice on sexual health or health worker giving condom to child under 16 who is set on having sex.

Answer 34

An exception to the offences under ss. 16 to 19 is where the defendant and the victim were lawfully married to each other at the time (s. 23) and where a lawful sexual relationship existed between the defendant and the victim before the position of trust arose (s. 24)

Answer 35

Sexual Offences Act 2003, s25 (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13

Answer 36

Triable on indictment only if D is over 18 at the time of the offence and penetration is involved. Max sentence of 14 years applies. Otherwise it is triable either way with the same max sentence when tried on indictment, six months when tried summarily. If D was under 18 at the time of the offence, it is triable either way with a max of 5 years.

Answer 37

1. Intentional sexual touching 2. Existence of the relevant family relationship between D and V that D is aware of or would be expected to be aware of 3. Victim- who needs to be 12 or under (nothing further to be proved) or between 13 and 17 inclusive (lack of reasonable belief about age applies here)

Answer 38

Where the relevant family relationship is proved, it will be presumed D knew or could reasonably have been expected to know that he/she was related to V in that way.

Answer 39

Where it is proved that V was under 18, there will be a presumption that D did not reasonably believe that V was 18 or over. D will have an evidential burden to discharge s25(3))

Answer 40

These cover all close family relationships along with adoptive relationships. They are where: - D or V is the other's parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle; or - D is or has been the V's foster parent

Answer 41

Someone who is (for example) aunt or uncle through marriage is not automatically covered.

Answer 42

They are always covered- but step-brothers and step-sisters are only covered if they fall into the householder or carer situations.

Answer 43

Additional categories are where D and V live or have lived in the same household, or D is or has been regularly involved in caring for, training, supervising or being in sole charge of V and: - one of them is or has been the other’s step-parent; - they are cousins; - one of them is or has been the other’s stepbrother or stepsister; or - they have the same parent or foster parent

Answer 44

1. Close blood relatives 2. People in a position of trust/trust type situation

Answer 45

There are exceptions for situations where D and V are lawfully married at the time or where (under certain circumstances) the sexual relationship pre-dates the family one eg: two divorcees each have a 17 year old child and they have a sexual relationship before their parents decide to marry.

Answer 46

D needs to know about their family relationship or being reasonably expected to know. Where the relevant family relationship is proved, it will be presumed that D knew or could reasonably be expected to know that he/she was related to V in that way.

Answer 47

Defence- they must adduce sufficient evidence to raise an issue as to whether he knew or could reasonably be expected to know

Answer 48

eg: brother (20)and sister (16) put up for adoption when born and have no knowledge of each other. They meet by chance and start a sexual relationship. Sister could not commit the offence, as the brother is over 18. Brother would be committing the offence, except he did not know or have any reason to know they were siblings. If both under 18 they could both commit the offence, subject to the knowledge point.

Answer 49

Sexual Offences Act 2003, s26 (1) A person (A) commits an offence if— (a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A, (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13

Answer 50

Triable on indictment only if D is over 18 at the time of the offence and penetration is involved. Max sentence of 14 years applies. Otherwise it is triable either way with the same max sentence when tried on indictment, six months when tried summarily. If D was under 18 at the time of the offence, it is triable either way with a max of 5 years.

Answer 51

A encourages B to masturbate A or cajoles B into agreeing to have sex with him. Offence is still complete if for example A has encouraged B to masturbate him, but the masturbation odes not take place because another person enters the room

Answer 52

Offence is committed whether or not the sexual touching takes place.

Answer 53

1. Existence of the relevant family relationship between D and V 2. Age of V

Answer 54

Where the relevant family relationship is proved, it will be presumed that D knew or could reasonably have been expected to know that he/she was related to the victim in that way. Evidential burden to discharge in that regard (s26(2) and (3))

Answer 55

There will be a presumption that D did not reasonably believe that V was 18 or over. Evidential burden to discharge in that regard (s26(2) and (3))

Answer 56

Whether or not the child consented to the incitement or the activity being incited is irrelevant

Answer 57

Protection of Children Act 1978 Criminal Justice Act 1988 Detail offences relating to: - to the taking, making, permitting to take, distributing, showing, possession with intent to distribute and advertising indecent photos or pseudo-photographs of children under 18

Answer 58

There is a defence if D fulfils the following criteria: - the child is over 16 - D proves he and the child were married or living together as partners in an enduring family relationship - the child consented to the photo being taken - there is no one else shown in the photo other than the child and the accused.

Answer 59

Protection of Children Act 1978, s1 (1) Subject to sections 1A and 1B, it is an offence for a person— (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

Answer 60

The consent of the DPP.

Answer 61

s7 PCA 1978 provides definition of photograph (same definition under s160 CJA 1988) (2) References to an indecent photograph include an indecent film, a copy of an indecent film, and an indecent photograph comprised in a film.

Answer 62

(4A) References to a photograph also include— (a) a tracing or other image, whether made by electronic or other means (of whatever nature)— (i) which is not itself a photograph or pseudo-photograph, but (ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and (b) data stored on a computer disc or by other electronic means which is capable of conversion into an image

Answer 63

(5) ‘Film’ includes any form of video-recording

Answer 64

(7) ‘Pseudo-photograph’ means an image, whether made by computer graphics or otherwise howsoever, which appears to be a photograph (8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult

Answer 65

(9) References to an indecent pseudo-photograph include— (a) a copy of an indecent pseudo-photograph; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into an indecent pseudo-photograph

Answer 66

Computer images

Answer 67

An image consisting of two parts of two different photographs taped together (eg: naked body of a woman taped to the head of a child) is not a pseudo-photo, as it does not appear to be a single photograph. If that image was photocopied then the resulting image could be!!

Answer 68

Indecent means offending against recognised standards of proprietary. Photos and pseudo-photos can be indecent, even if they are not obscene eg: child's age/apparent age is a relevant factor as to whether the image is indecent. The circumstances in which it was taken or made or the motivation of the photographer/maker is not.

Answer 69

(6) ‘Child’, subject to subsection (8), means a person under the age of 18 A person will also be a 'child' for the purposes of the Act, if it if it appears from the evidence as a whole that he/she was, at the material time, under the age of 18

Answer 70

If the impression conveyed by a pseudo-photo is that the person shown is a child or where the predominant impression is that the person is a child, that pseudo-photo will be treated for these purposes as a photo of a child, notwithstanding that some of the physical characteristics shown are those of an adult (s7(8) 1978 Act)

Answer 71

It is an offence for a person to take or permit to be taken, or make any indecent photo or pseudo-photo.

Answer 72

Requires some degree of knowledge of content.

Answer 73

Downloading images of indecent images from child from the internet will amount to ‘making’ if D does this knowing the image was or likely to be an indecent photo or pseudo- photo of child. Irrelevant if motive is sexual gratification.

Answer 74

This is still an offence if the download takes place in England and Wales- it will amount to making.

Answer 75

‘Making’ pseudo-photographs includes voluntary browsing through indecent images of children on and from the internet. Once an image is downloaded, the length of time it remains on the screen is irrelevant (R v Smith and Jayson [2002])

Answer 76

R v Smith and Jayson [2002] - person receiving an unsolicited email attachment containing an indecent image of a child would not commit the offence under s. 1(1)(a) by opening it if he/she was unaware that it contained or was likely to contain an indecent image. This was because s. 1(1)(a) does not create an absolute offence.

Answer 77

It is an offence to distribute or show indecent photos or pseudo-photos of a child.

Answer 78

Includes parting with possession of it to another, lending it to another or exposing or offering for acquisition by another.

Answer 79

Includes making available as where a person gives another a key to a cupboard containing indecent photos or makes available a password to enable images to be downloaded.

Answer 80

The offence at s1(1)(b) and (c) can only be proved if D showed/distributed the photo or intended to show or distribute the photo etc to someone else (R v Fellows 1997 and R v T 1999)

Answer 81

It is an offence for a person to have in his possession such a photo with a view to its being distributed by himself or others.

Answer 82

Copying onto a hard drive and storing ‘pop-ups’ containing indecent images of children amounts to possessing those images (R v Harrison [2007])

Answer 83

If images have been deleted from a computer so that their retrieval is impossible and, at the material time, a person cannot gain access to them and the images are beyond a person’s control, that person cannot be in possession of them (R v Porter [2006])

Answer 84

Evidence indicating an interest in paedophile material generally along with evidence to show how a computer had been used to access paedophile news groups, chat lines etc. can be relevant to show it was more likely than not that a file containing an indecent image of a child had been created deliberately (R v Toomer [2001])

Answer 85

Where a defendant had knowledge that images were likely to be accessed by others, any images would be downloaded ‘with a view to distribute’ (R v Dooley [2005])

Answer 86

Consent by the child or reasonable belief in consent in a partnership context under s1A. (1) Applies to offences under s1(1)(a) or s1(1)(b) or (c), D proves the photo was of the child aged 16 or over and at the time of the offence charged the child and he (a) were married, or civil partners of each other or (b) lived together as partners in an enduring family relationship (3) This applies whether the photo or pseudo-photo showed the child alone or with D, but NOT if it showed any other person

Answer 87

In the case of an offence under s. 1(1)(a) (taking or permitting to be taken etc.), the defendant will have an evidential burden of showing that the child consented or that the defendant reasonably believed that the child consented to the making of the photograph (s. 1A(4))

Answer 88

In the case of an offence under s. 1(1)(b) (distributing or showing), you must prove that the distributing or showing was to a person other than the child in the photograph (s. 1A(5)).

Answer 89

In the case of an offence under s. 1(1)(c) (possession with a view to distribution or showing etc.), the defendant will have an evidential burden of demonstrating that the image was to be shown/distributed to no person other than the child and that the child consented to the defendant’s possession of the photograph (s. 1A(6)).

Answer 90

(1) In proceedings for an offence under section 1(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that— (a) 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, (b) at the time of the offence charged he was a member of the Security Service or 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 that Service, or (c) 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. A legitimate purpose for possessing such material might be where someone has the material as an exhibits officer or as a training aid for police officers or social workers.

Answer 91

D must prove that: - it was necessary for him to make the the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime or for criminal proceedings in any part of the world; or - at the time, D was a member of security service, intelligence service or GCHQ and it was necessary for the exercise of any of the functions of that Service/GCHQ It does not solely apply to police officers- it could apply to private investigators, journalists.

Answer 92

The purpose of the Memorandum is to reassure those whose duties properly involve the prevention, detection or investigation of this type of crime and also as a warning to others who might claim this defence having taken it upon themselves to investigate such offences. In summary, the following criteria will be considered: - How soon after its discovery the image was reported and to whom. - The circumstances in which it was discovered. - The way in which the image was stored and dealt with, and whether it was copied. - Whether the person’s actions were reasonable, proportionate and necessary.

Answer 93

(2) For purposes of this Act, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person. It includes lending or offering to another.

Answer 94

(4) Where a person is charged with an offence under subsection (1)(b) or (c), it shall be a defence for him to prove— (a) that he had a legitimate reason for distributing or showing the photographs or pseudo-photographs or (as the case may be) having them in his possession; or (b) that he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent

Answer 95

As an exhibits officer or as a training aid for police officers or social workers.

Answer 96

Once D realises, or should realise, that material is indecent, any distribution, showing or retention of the material with a view to its being distributed will result in an offence being committed under 1978 Act if person depicted turns out to be a child (R v Land 1999)

Answer 97

If no such intention can be proved, or if D only had the photos etc for his/her own use, the appropriate charge would be under s160 Criminal Justice Act 1988

Answer 98

It is an offence for a person to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows indecent photos or pseudo-photos or intends to do so.

Answer 99

Although the offences include video recordings, possession of exposed but undeveloped film does not appear to be covered.

Answer 100

s160 Criminal Justice Act 1988 (1) Subject to section 160A, it is an offence for a person to have any indecent photo or pseudo-photo of a child in his possession.

Answer 101

Triable either way 5 years' imprisonment on indictment

Answer 102

Consent of the DPP.

Answer 103

Having custody or control. Eg: Therefore, an assistant in a sex shop which contains indecent photos of children is, like his employer, in possession of them.

Answer 104

D is in possession of it at the relevant time if it is within his control. eg: he can produce it on his screen, produce a hard copy of it or send it to someone else.

Answer 105

Images which have been deleted from a computer may still be considered under the control of D, who is skilled in the use of computers and he has the necessary software to retrieve them. They are not under the control of someone without the software or skill.

Answer 106

Offence is only committed if D knows that he has or had the photo or pseudo-photo in his possession.

Answer 107

s160 CJA 1988 (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 photo or pseudo-photo in his possession; or (b) that he had not himself seen the photograph or pseudo-photo and did not know, nor had any cause to suspect, it to be indecent; or (c) that the photo or pseudo-photo 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.

Answer 108

Collier 2004- D who had not seen the photo or pseudo-photo but had cause to suspect it was indecent, had a defence if he proves that he had no reason to suspect that it was an indecent photo or pseudo-photo of a child. D knew the photo was indecent, but did not know it was related to a child.

Answer 109

s160A- similar defence to 1978 Act concerning those in marriages or partnerships. (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photo or pseudo-photo of a child, the defendant proves that the photo or pseudo-photo was of the child aged 16 or over, and that at the time of the offence charged the child and he— (a) were married, or civil partners of each other or (b) lived together as partners in an enduring family relationship. (3) This section applies whether the photograph or pseudo-photograph showed the child alone or with the defendant, but not if it showed any other person.

Answer 110

Coroners and Justice Act 2009, s62 (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, (b) falls within subsection (6), and (c) is grossly offensive, disgusting or otherwise of an obscene character.

Answer 111

Triable either way. 3 years' imprisonment on indictment

Answer 112

Targeted at non-photographic pornographic images of children. This may include computer generated images, cartoons and drawings- not photographs!

Answer 113

Consent of the DPP is needed to prosecute.

Answer 114

An image is ‘pornographic’ if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

Answer 115

An image falls within subs. (6) if it is an image which focuses solely or principally on a child’s genitals or anal region, or portrays any of the acts mentioned below. Those acts are: - the performance by a person of an act of intercourse or oral sex with or in the presence of a child; - an act of masturbation by, of, involving or in the presence of a child; - an act which involves penetration of the vagina or anus of a child with a part of a person’s body or with anything else; - an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person’s body or with anything else; - the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary); - the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

Answer 116

s62(4)- where (as found in a person’s possession) an individual image forms part of a series of images, the question of whether it is pornographic must be determined by reference both to the image itself and the context in which it appears in the series of images. s62(5)- Where an image is integral to a narrative (for example, a mainstream film) which when it is taken as a whole could not reasonably be assumed to be pornographic, the image itself may not be pornographic, even though if considered in isolation the contrary conclusion might have been reached.

Answer 117

s65 states an 'image' includes a moving or still image (produced by any means) such as a photograph or film, or data (stored by any means) which is capable of conversion into a movable or still image, such as data stored electronically (as on a computer disk), which is capable of conversion into an image. This covers material available on computers, mobile phones or any other electronic device, but DOES NOT cover indecent photos or pseudo-photos as these are under s160 CJA 1988.

Answer 118

A ‘child’ means a person under the age of 18 (s. 65(5)). Where an image shows a person, the image is to be treated as an image of a child if the impression conveyed by the image is that the person shown is a child, or the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child (s. 65(6)).

Answer 119

Coroners and Justice Act 2009 s64 (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.

Sexual Offences against Children Flashcards

(147 cards)