255

House of Commons

Notices of Amendments

given on

Tuesday 3 March 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

189-91 and 235-36

Consideration of Bill

Policing and Crime Bill, As Amended

Protection of children (encrypted material)

Sir Paul Beresford

Chris Grayling

Mr Dominic Grieve

Mr John Randall

James Brokenshire

NC7

To move the following Clause:—

‘(1)    

Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to

comply with a notice) is amended as follows—

(a)    

in subsection 5A, after paragraph (a), insert—

“(aa)    

where subsection 5C applies, five years;”,

(b)    

after subsection 5B, insert—

“(5C)    

This section applies where—

(a)    

the offender has been previously convicted of a relevant

sexual offence,

(b)    

an indecent photograph of a child as been found in his

possession, or

(c)    

the court is satisfied that it is more likely than not that the

protected information may contain an indecent

photograph of a child.

(5D)    

For the purposes of subsection (5C)—

“relevant sexual offence” means an offence under—

(a)    

section 1 of the Protection of Children Act 1978 (c. 37)

(indecent photographs of children);

(b)    

section 160 of the Criminal Justice Act 1988 (c. 33)

(possession of indecent photographs of a child);

Notices of Amendments: 3 March 2009                     

256

Policing and Crime Bill, continued

(c)    

section 170 of the Customs and Excise Management Act

1979 (c. 2) (penalty for fraudulent evasion of duty etc) in

relation to goods prohibited to be imported under section

42 of the Customs Consolidation Act 1876 (c. 36)

(indecent or obscene articles), if the prohibited goods

included indecent photographs of persons under 16;

(d)    

sections 48 to 50 of the Sexual Offences Act 2003 (c. 42)

(abuse of children through prostitution or pornography)

where the victim was under 18 and involved in

pornography;

“indecent photograph of a child” has the same definition as in

sections 1 and 7 of the Protection of Children Act 1978 (c. 37)

and for the avoidance of doubt includes a reference to a pseudo-

photograph of a child or a tracing of an indecent photograph

within the meaning of section 7(4A) of that Act.”.

(2)    

In Schedule 3 of the Sexual Offences Act 2003 (c. 42), after paragraph 35 insert—

“(36)  

An offence under s. 53 of the Regulation of Investigatory Powers Act

2000 (c. 23) where subsection (5C) applies.”’.