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amend the Regulation of Investigatory Powers Act 2000 to increase the |
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penalty where a person fails to comply with a notice requiring disclosure of |
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protected material where it is likely that the material contains an indecent |
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photograph of a child or where the offender has been previously convicted of |
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a sexual offence involving images of children; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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(1) | Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to |
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comply with a notice) is amended as follows. |
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(2) | In subsection 5A, after paragraph (a) insert— |
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“(aa) | where subsection 5C applies, five years;”. |
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(3) | After subsection 5B insert— |
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“(5C) | This section applies where— |
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(a) | the offender has been previously convicted of a relevant sexual |
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(b) | an indecent photograph of a child as been found in his |
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(c) | the court is satisfied that it is more likely than not that the |
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protected information may contain an indecent photograph of a |
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(5D) | For the purposes of subsection (5C)—
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“relevant sexual offence” means an offence under— |
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(a) | section 1 of the Protection of Children Act 1978 (c. 37) |
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(indecent photographs of children); |
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(b) | section 160 of the Criminal Justice Act 1988 (c. 33) |
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(possession of indecent photographs of a child); |
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(c) | section 170 of the Customs and Excise Management Act |
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1979 (c. 2) (penalty for fraudulent evasion of duty etc) in |
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relation to goods prohibited to be imported under |
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section 42 of the Customs Consolidation Act 1876 (c. 36) |
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(indecent or obscene articles), if the prohibited goods |
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included indecent photographs of persons under 16; |
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(d) | sections 48 to 50 of the Sexual Offences Act 2003 (c. 42) |
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(abuse of children through prostitution or pornography) |
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where the victim was under 18 and involved in |
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“indecent photograph of a child” has the same definition as in |
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sections 1 and 7 of the Protection of Children Act 1978 (c. 37) |
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and for the avoidance of doubt includes a reference to a pseudo- |
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photograph of a child or a tracing of an indecent photograph |
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within the meaning of section 7(4A) of that Act.” |
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2 | Notification requirements |
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In Schedule 3 of the Sexual Offences Act 2003, after paragraph 35 insert— |
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“(36) | An offence under s. 53 of the Regulation of Investigatory Powers Act |
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2000 (c. 23) where subsection (5C) applies.” |
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This Act shall come into force at the end of a period of 3 months beginning with |
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the day on which it is passed. |
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This Act may be cited as the Protection of Children (Encrypted Material) Act |
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