|
| |
|
(b) | the predominant impression conveyed is that the person shown is a |
| |
child despite the fact that some of the physical characteristics shown are |
| |
| |
(7) | References to an image of a person include references to an image of an |
| |
| 5 |
(8) | References to an image of a child include references to an image of an |
| |
| |
| |
(1) | This section has effect where a person is guilty of an offence under section |
| |
| 10 |
(2) | The offender is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not exceeding the |
| |
relevant period or a fine not exceeding the statutory maximum, or both; |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
3 years or a fine, or both. |
| 15 |
(3) | “The relevant period” means— |
| |
(a) | in relation to England and Wales, 12 months; |
| |
(b) | in relation to Northern Ireland, 6 months. |
| |
54 | Entry, search, seizure and forfeiture |
| |
(1) | The following provisions of the Protection of Children Act 1978 (c. 37) apply in |
| 20 |
relation to prohibited images of children as they apply in relation to indecent |
| |
photographs of children (within the meaning of that Act)— |
| |
(a) | section 4 (entry, search and seizure); |
| |
(b) | the Schedule (forfeiture of photographs). |
| |
(2) | The following provisions of the Protection of Children (Northern Ireland) |
| 25 |
Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited images of |
| |
children as they apply in relation to indecent photographs of children (within |
| |
the meaning of that Order)— |
| |
(a) | Article 4 (entry, search and seizure); |
| |
(b) | the Schedule (forfeiture of photographs). |
| 30 |
(3) | In this section “prohibited image of a child” means a prohibited image of a |
| |
child to which section 49(1) applies. |
| |
55 | Special rules relating to providers of information society services |
| |
Schedule 11 makes special provision in connection with the operation of |
| |
section 49(1) in relation to persons providing information society services |
| 35 |
within the meaning of that Schedule. |
| |
|
| |
|
| |
|
Indecent pseudo-photographs of children |
| |
56 | Indecent pseudo-photographs of children: marriage etc |
| |
(1) | In section 1A of the Protection of Children Act 1978 (c. 37) (making of indecent |
| |
photographs of child etc: marriage and other relationships), after |
| |
“photograph”, in each place it occurs, insert “or pseudo-photograph”. |
| 5 |
(2) | In section 160A of the Criminal Justice Act 1988 (c. 33) (possession of indecent |
| |
photograph etc of child: marriage and other relationships), after “photograph”, |
| |
in each place it occurs, insert “or pseudo-photograph”. |
| |
(3) | In Article 15A of the Criminal Justice (Evidence etc) (Northern Ireland) Order |
| |
1988 (S.I. 1988/1847 (N.I. 17)) (marriage and other relationships), after |
| 10 |
“photograph”, in each place it occurs, insert “or pseudo-photograph”. |
| |
(4) | In Article 3B of the Protection of Children (Northern Ireland) Order 1978 (S.I. |
| |
1978/1047 (N.I. 17)) (marriage and other relationships), after “photograph”, in |
| |
each place it occurs, insert “or pseudo-photograph”. |
| |
| 15 |
| |
| |
(1) | In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit |
| |
offences outside the United Kingdom)— |
| |
(a) | in the title and in subsection (2), for “the United Kingdom” substitute |
| 20 |
| |
(b) | for subsection (14) substitute— |
| |
“(14) | Nothing in this section applies to an agreement entered into |
| |
| |
(15) | In relation to an agreement entered into during the period |
| 25 |
beginning with that date and ending with the commencement |
| |
of section 57(1) of the Coroners and Justice Act 2009, this section |
| |
applies as if in subsection (2) for “England and Wales” there |
| |
were substituted “the United Kingdom”. |
| |
(16) | Nothing in this section imposes criminal liability on any person |
| 30 |
acting on behalf of, or holding office under, the Crown.” |
| |
(2) | In Article 9A of the Criminal Attempts and Conspiracy (Northern Ireland) |
| |
Order 1983 (S.I 1983/1120 (N.I. 13)) (conspiracy to commit offences outside the |
| |
| |
(a) | in the title and in paragraph (2), for “the United Kingdom” substitute |
| 35 |
| |
(b) | for paragraph (14) substitute— |
| |
“(14) | Nothing in this Article applies to an agreement entered into |
| |
| |
(15) | In relation to an agreement entered into during the period |
| 40 |
beginning with that date and ending with the commencement |
| |
of section 57(2) of the Coroners and Justice Act 2009, this Article |
| |
|
| |
|
| |
|
applies as if in paragraph (2) for “Northern Ireland” there were |
| |
substituted “the United Kingdom”. |
| |
(16) | Nothing in this Article imposes criminal liability on any person |
| |
acting on behalf of, or holding office under, the Crown.” |
| |
58 | Hatred against persons on grounds of sexual orientation |
| 5 |
In Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on |
| |
grounds of sexual orientation etc), omit section 29JA (protection for discussion |
| |
or criticism of sexual conduct etc). |
| |
| |
Criminal evidence, investigations and procedure |
| 10 |
| |
Anonymity in investigations |
| |
| |
(1) | An offence is a qualifying offence for the purposes of this Chapter if— |
| |
(a) | it is listed in subsection (2), and |
| 15 |
(b) | the condition in subsection (3) is satisfied in relation to it. |
| |
| |
| |
| |
(3) | The condition in this subsection is that the death was caused by one or both of |
| 20 |
| |
(a) | being shot with a firearm; |
| |
(b) | being injured with a knife. |
| |
(4) | The Secretary of State may by order amend this section— |
| |
(a) | so as to add an offence to or omit an offence from the list in subsection |
| 25 |
| |
(b) | so as to add, omit or modify a condition to be satisfied in relation to an |
| |
| |
| |
“firearm”, in relation to England and Wales, has the meaning given by |
| 30 |
section 57 of the Firearms Act 1968 (c. 27) and, in relation to Northern |
| |
Ireland, has the meaning given by Article 2 of the Firearms (Northern |
| |
Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)); |
| |
“knife” has the meaning given by section 10 of the Knives Act 1997 (c. 21). |
| |
60 | Qualifying criminal investigations |
| 35 |
(1) | For the purposes of this Chapter a criminal investigation is a qualifying |
| |
criminal investigation if it is conducted by an investigating authority wholly or |
| |
in part with a view to ascertaining— |
| |
(a) | whether a person should be charged with a qualifying offence, or |
| |
|
| |
|
| |
|
(b) | whether a person charged with a qualifying offence is guilty of it. |
| |
(2) | The following are investigating authorities— |
| |
(a) | a police force in England and Wales; |
| |
(b) | the British Transport Police Force; |
| |
(c) | the Serious Organised Crime Agency; |
| 5 |
(d) | the Police Service of Northern Ireland. |
| |
(3) | The Secretary of State may by order amend subsection (2) so as to add or omit |
| |
| |
(4) | The provision which may be included in an order under subsection (3) by |
| |
virtue of section 155 (power to make consequential provision etc) includes |
| 10 |
provision modifying any provision of this Chapter. |
| |
61 | Investigation anonymity orders |
| |
(1) | In this Chapter an “investigation anonymity order” is an order made by a |
| |
justice of the peace in relation to a specified person prohibiting the disclosure |
| |
| 15 |
(a) | that identifies the specified person as a person who assisted or was |
| |
willing to assist a specified qualifying criminal investigation, or |
| |
(b) | that might enable the specified person to be identified as such a person. |
| |
(2) | The prohibition in an investigation anonymity order is subject to subsections |
| |
| 20 |
(3) | An investigation anonymity order is not contravened by disclosure of such |
| |
information as regards the specified person as is described in subsection (1), if |
| |
the person disclosing the information does not know and has no reason to |
| |
suspect that such an order has been made in relation to the specified person in |
| |
connection with the specified qualifying criminal investigation. |
| 25 |
(4) | An investigation anonymity order is not contravened by disclosure of such |
| |
information as regards the specified person as is described in subsection (1)(b), |
| |
if the person disclosing the information does not know and has no reason to |
| |
suspect that such information might enable the specified person to be |
| |
identified as a person who assisted or was willing to assist the specified |
| 30 |
qualifying criminal investigation. |
| |
(5) | A person (“A”) who discloses to another person (“B”) that an investigation |
| |
anonymity order has been made in relation to a person in connection with the |
| |
criminal investigation of a qualifying offence does not contravene the order if |
| |
the condition in subsection (6) is satisfied. |
| 35 |
(6) | The condition is that A knows that B is aware that the person specified in the |
| |
order is assisting or has assisted or is or was willing to assist a criminal |
| |
investigation relating to the qualifying offence. |
| |
(7) | A person who discloses information to which an investigation anonymity |
| |
order relates does not contravene the order if— |
| 40 |
(a) | the person obtained the information by reason of the person’s |
| |
involvement in the specified qualifying criminal investigation or in the |
| |
prosecution of an offence to which the investigation related, |
| |
(b) | the disclosure was made to— |
| |
|
| |
|
| |
|
(i) | another person who at the time of the disclosure was involved |
| |
in the investigation or in such a prosecution, or |
| |
(ii) | a person employed in public administration, and |
| |
(c) | the disclosure was made for the purposes of the investigation or the |
| |
| 5 |
(8) | A person who discloses information to which an investigation anonymity |
| |
order relates does not contravene the order if— |
| |
(a) | the person is employed in public administration, |
| |
(b) | the information had been disclosed to the person for a purpose |
| |
connected with the specified qualifying criminal investigation or the |
| 10 |
prosecution of an offence to which the investigation related, |
| |
(c) | the disclosure was made to another person who at the time of the |
| |
disclosure was employed in public administration or a person involved |
| |
in the investigation or prosecution, and |
| |
(d) | such disclosure was made for the purpose referred to in paragraph (b). |
| 15 |
(9) | An investigation anonymity order is not contravened by— |
| |
(a) | disclosure in pursuance of a requirement imposed by any enactment or |
| |
| |
(b) | disclosure made in pursuance of an order of a court. |
| |
(10) | It is an offence for a person to disclose information in contravention of an |
| 20 |
investigation anonymity order. |
| |
(11) | A person guilty of an offence under this section is liable on conviction on |
| |
indictment to a fine or to imprisonment for a term not exceeding 5 years or to |
| |
| |
(12) | A person employed in public administration is a person, or a person of a |
| 25 |
description, designated for the purposes of this section by the Secretary of State |
| |
| |
(13) | In this section “specified” means specified in the investigation anonymity |
| |
| |
| 30 |
(1) | An application for an investigation anonymity order may be made to a justice |
| |
| |
(a) | in a case where a police force in England and Wales is conducting the |
| |
qualifying criminal investigation, the chief officer of police of the police |
| |
| 35 |
(b) | in a case where the British Transport Police Force is conducting the |
| |
qualifying criminal investigation, the Chief Constable of the British |
| |
| |
(c) | in a case where the Serious Organised Crime Agency is conducting the |
| |
qualifying criminal investigation, the Director General of the Serious |
| 40 |
| |
(d) | in a case where the Police Service of Northern Ireland is conducting the |
| |
qualifying criminal investigation, the Chief Constable of the Police |
| |
Service of Northern Ireland; |
| |
(e) | the Director of Public Prosecutions; |
| 45 |
(f) | the Director of Revenue and Customs Prosecutions; |
| |
|
| |
|
| |
|
(g) | the Director of Public Prosecutions for Northern Ireland. |
| |
(2) | An applicant for an investigation anonymity order is not required to give |
| |
notice of the application to— |
| |
(a) | a person who is suspected of having committed or who has been |
| |
charged with an offence to which the qualifying criminal investigation |
| 5 |
| |
(b) | such a person’s legal representatives. |
| |
(3) | An applicant for an investigation anonymity order must (unless the justice of |
| |
the peace directs otherwise) inform the justice of the identity of the person who |
| |
would be specified in the order. |
| 10 |
(4) | A justice of the peace may determine the application without a hearing. |
| |
(5) | If a justice of the peace determines an application for an investigation |
| |
anonymity order without a hearing, the designated officer in relation to that |
| |
justice must notify the applicant of the determination. |
| |
(6) | In the application of this section to Northern Ireland, the reference to the |
| 15 |
designated officer in relation to a justice of the peace is to be read as a reference |
| |
to the clerk of petty sessions for the petty sessions district in which the |
| |
application for an investigation anonymity order is made. |
| |
(7) | The Secretary of State may by order amend subsection (1). |
| |
(8) | The provision which may be included in an order under subsection (7) by |
| 20 |
virtue of section 155 (power to make consequential provision etc) includes |
| |
provision modifying any provision of this Chapter. |
| |
63 | Conditions for making order |
| |
(1) | This section applies where an application is made for an investigation |
| |
anonymity order to be made in relation to a person. |
| 25 |
(2) | The justice of the peace may make such an order if satisfied that there are |
| |
reasonable grounds for believing that the conditions in subsections (3) to (8) are |
| |
| |
(3) | The condition in this subsection is that a qualifying offence has been |
| |
| 30 |
(4) | The condition in this subsection is that the person likely to have committed the |
| |
qualifying offence (“the relevant person”) is a person who was aged at least 11 |
| |
but under 30 at the time the offence was committed. |
| |
(5) | The condition in this subsection is that the relevant person is likely to have |
| |
been a member of a group falling within subsection (6) at the time the offence |
| 35 |
| |
(6) | A group falls within this subsection if— |
| |
(a) | it is possible to identify the group from the criminal activities that its |
| |
members appear to engage in, and |
| |
(b) | it appears that the majority of the persons in the group are aged at least |
| 40 |
| |
(7) | The condition in this subsection is that the person who would be specified in |
| |
the order has reasonable grounds for fearing intimidation or harm if identified |
| |
|
| |
|
| |
|
as willing to assist or as having assisted the criminal investigation as it relates |
| |
to the qualifying offence. |
| |
(8) | The condition in this subsection is that the person who would be specified in |
| |
| |
(a) | is able to provide information that would assist the criminal |
| 5 |
investigation as it relates to the qualifying offence, and |
| |
(b) | is more likely than not, as a consequence of the making of the order, to |
| |
provide such information. |
| |
(9) | If it is suspected that the qualifying offence was committed by 2 or more |
| |
persons, it is sufficient for the purposes of subsection (2) that the justice is |
| 10 |
satisfied that there are reasonable grounds for believing that the conditions in |
| |
subsections (3) to (8) are satisfied in relation to one person. |
| |
(10) | The Secretary of State may by order modify or repeal any of subsections (4) to |
| |
| |
(11) | The provision which may be included in an order under subsection (10) by |
| 15 |
virtue of section 155 (power to make consequential provision etc) includes |
| |
provision modifying any provision of this Chapter. |
| |
64 | Appeal against refusal of order |
| |
(1) | Where a justice of the peace refuses an application for an investigation |
| |
anonymity order, the applicant may appeal to a judge of the Crown Court |
| 20 |
| |
(2) | An applicant may not appeal under subsection (1) unless the applicant |
| |
| |
(a) | in the application for the order, or |
| |
(b) | if there is a hearing of the application before the justice, at the hearing, |
| 25 |
| that the applicant intends to appeal a refusal. |
| |
(3) | If an applicant has indicated an intention to appeal a refusal, a justice of the |
| |
peace who refuses an application for an investigation anonymity order must |
| |
make the order as requested by the applicant. |
| |
(4) | An order given under subsection (3) has effect until the appeal is determined |
| 30 |
or otherwise disposed of. |
| |
(5) | The hearing of an appeal under this section is to be by way of rehearing. |
| |
| |
(1) | A justice of the peace may discharge an investigation anonymity order if it |
| |
appears to the justice to be appropriate to do so. |
| 35 |
(2) | The justice may so discharge an investigation anonymity order on an |
| |
| |
(a) | the person on whose application the order was made; |
| |
(b) | the Director of Public Prosecutions; |
| |
(c) | the Director of Revenue and Customs Prosecutions; |
| 40 |
(d) | the Director of Public Prosecutions for Northern Ireland; |
| |
(e) | the person specified in the order. |
| |
|
| |
|