Indecent images of children - Revision history

The Admins at 12:48, 9 August 2024

2024-08-09T12:48:04Z

← Older revision		Revision as of 12:48, 9 August 2024
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	:* to distribute or show such indecent photographs; or		:* to distribute or show such indecent photographs; or
	:* to have in his possession such indecent photographs [outdated text removed]; or		:* to have in his possession such indecent photographs [outdated text removed]; or
	:* 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 intends to do so.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&ActiveTextDocId=1502059]		:* 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 intends to do so.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&ActiveTextDocId=1502059</ref>

	Under the Sexual Offences Act (2003), it is an offence to cause, control, arrange or facilitate a child's involvement in pornography.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820967</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820968</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820969</ref>		Under the Sexual Offences Act (2003), it is an offence to cause, control, arrange or facilitate a child's involvement in pornography.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820967</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820968</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820969</ref>
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	::* an image of a child.		::* an image of a child.

	This was upheld in R v Smith & Jayson, when the judge ruled that, "the mens rea necessary to constitute the offence [of making an indecent pseudo-photograph of a child] is that the act of making should be a deliberate and intentional act with knowledge that the image made is, or is likely to be, an indecent image of a child" ''(R v Smith & Jayson, 2003)''.<ref>https://vlex.co.uk/vid/r-v-smith-graham-793762225]		This was upheld in R v Smith & Jayson, when the judge ruled that, "the mens rea necessary to constitute the offence [of making an indecent pseudo-photograph of a child] is that the act of making should be a deliberate and intentional act with knowledge that the image made is, or is likely to be, an indecent image of a child" ''(R v Smith & Jayson, 2003)''.<ref>https://vlex.co.uk/vid/r-v-smith-graham-793762225</ref>

	A defendant must be proven (beyond reasonable doubt) to be aware that a cache of images exists, in order to be convicted for the possession offence. It should be noted that, in such cases, the defendant will still be convicted of the making offence, unless another defence applies.		A defendant must be proven (beyond reasonable doubt) to be aware that a cache of images exists, in order to be convicted for the possession offence. It should be noted that, in such cases, the defendant will still be convicted of the making offence, unless another defence applies.

The Admins: /* Criminal offences */

2024-08-09T12:47:04Z

Criminal offences

← Older revision		Revision as of 12:47, 9 August 2024
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	:* 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 intends to do so.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&ActiveTextDocId=1502059]		:* 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 intends to do so.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&ActiveTextDocId=1502059]

	Under the Sexual Offences Act (2003), it is an offence to cause, control, arrange or facilitate a child's involvement in pornography.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820967</ref><ref>[http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820968</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820969</ref>		Under the Sexual Offences Act (2003), it is an offence to cause, control, arrange or facilitate a child's involvement in pornography.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820967</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820968</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820969</ref>

	It is an offence to "attempt to incite" any criminal offence in the United Kingdom.		It is an offence to "attempt to incite" any criminal offence in the United Kingdom.

The Admins: /* Criminal offences */

2024-08-09T12:46:44Z

Criminal offences

← Older revision		Revision as of 12:46, 9 August 2024
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	:* 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 intends to do so.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&ActiveTextDocId=1502059]		:* 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 intends to do so.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&ActiveTextDocId=1502059]

	Under the Sexual Offences Act (2003), it is an offence to cause, control, arrange or facilitate a child's involvement in pornography.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820967</ref>[http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820968</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820969</ref>		Under the Sexual Offences Act (2003), it is an offence to cause, control, arrange or facilitate a child's involvement in pornography.<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820967</ref><ref>[http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820968</ref><ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&activetextdocid=820969</ref>

	It is an offence to "attempt to incite" any criminal offence in the United Kingdom.		It is an offence to "attempt to incite" any criminal offence in the United Kingdom.

The Admins: /* Definition of a photograph */ checked refs, now they need titling

2024-08-09T12:46:06Z

Definition of a photograph: checked refs, now they need titling

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	In <i>R v Fellows & Arnold</i> (1994), the appellant contended that an image stored electronically could not constitute an indecent photograph of a child under section 7 of the Protection of Children Act.		In <i>R v Fellows & Arnold</i> (1994), the appellant contended that an image stored electronically could not constitute an indecent photograph of a child under section 7 of the Protection of Children Act.

	It was ruled that an electronically stored image was a "copy of an indecent photograph of a child". The court stated that "there is no restriction on the nature of a copy, [and a copy of a photograph is data which] represents the original photograph, in another form". It was also stated that "there is nothing in the Act which makes it necessary that [a] copy should itself be a photograph within the dictionary or the statutory definition, and if there was, it would make the inclusion of the reference to a copy unnecessary. So we conclude that there is no restriction on the nature of a copy [..]"<ref>~~http~~://~~www~~.~~bailii~~.~~org~~/ew/~~cases~~/~~EWCA~~/~~Crim~~/~~1996~~/~~825~~.~~html~~</ref>		It was ruled that an electronically stored image was a "copy of an indecent photograph of a child". The court stated that "there is no restriction on the nature of a copy, [and a copy of a photograph is data which] represents the original photograph, in another form". It was also stated that "there is nothing in the Act which makes it necessary that [a] copy should itself be a photograph within the dictionary or the statutory definition, and if there was, it would make the inclusion of the reference to a copy unnecessary. So we conclude that there is no restriction on the nature of a copy [..]"<ref>https://pca1978.wordpress.com/</ref><ref>[https://qmro.qmul.ac.uk/xmlui/bitstream/handle/123456789/2058/HORNLECounteringThe2010FINAL.pdf?sequence=2&isAllowed=y Hörnle, J. (2010). Countering the dangers of online pornography - shrewd regulation of lewd content? Eur. J. Law Technol., 2.]</ref>

	According to section 7 of the Protection of Children Act, references to a photograph are "the negative as well as the positive version; and data stored on a computer disc or by other electronic means which is capable of conversion into a photograph."<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&activetextdocid=1502066</ref>		According to section 7 of the Protection of Children Act, references to a photograph are "the negative as well as the positive version; and data stored on a computer disc or by other electronic means which is capable of conversion into a photograph."<ref>http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&activetextdocid=1502066</ref>

The Admins: opened refs section. They need checking and titling

2024-08-09T12:39:32Z

opened refs section. They need checking and titling

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BLueRibbon: Partially undid reversion. Replaced Geocities links. All material is up-to-date. Needs work, but does not contain outdated material.

2024-08-04T14:30:30Z

Partially undid reversion. Replaced Geocities links. All material is up-to-date. Needs work, but does not contain outdated material.

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The Admins: Outdated

2022-07-26T16:42:47Z

Outdated

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The Admins: /* External links */

2022-07-26T16:33:59Z

External links

← Older revision		Revision as of 16:33, 26 July 2022
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	==External links==		==External links==

	[~~http~~://www.cps.gov.uk/legal/~~h_to_k/indecent_photographs_of_children/~~ Legal Guidance: The Crown Prosecution Service]		[https://www.cps.gov.uk/legal-guidance/indecent-and-prohibited-images-children Legal Guidance: The Crown Prosecution Service]

The Admins: /* See also */

2021-12-06T15:32:56Z

Brian: /* Human Rights Act */

2010-01-08T15:57:45Z

Human Rights Act

← Older revision		Revision as of 15:57, 8 January 2010
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	===Human Rights Act===		===Human Rights Act===

	The [http://www.opsi.gov.uk/acts/acts1998/19980042.htm Human Rights Act] offers ~~two~~ potential ~~defences~~ against possession and "making" charges under the ''Protection of Children Act'', however the following Articles have ''not'' been tested in court in relation to such charges.		The [http://www.opsi.gov.uk/acts/acts1998/19980042.htm Human Rights Act] offers a potential defence against possession and "making" charges under the ''Protection of Children Act'', however the following Articles have ''not'' been tested in court in relation to such charges.

	Section 3 of the Act dictates that:		Section 3 of the Act dictates that:

← Older revision		Revision as of 15:32, 6 December 2021
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	* [[Criminal Justice and Immigration Act]]		* [[Criminal Justice and Immigration Act]]
	* [[Legal Information]]		* [[Legal Information]]
			* [[Prohibited images of children]]
	* [[Sexual Offences Act (2003)]]		* [[Sexual Offences Act (2003)]]