775

House of Commons

Notices of Amendments

given on

Monday 11 May 2009

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

189-91, 235-36, 255-56, 267-68, 275, 295, 309-10, 595-99, 603-04 and 765-67

Consideration of Bill

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Policing and Crime Bill, As Amended

Protection of children (encrypted material)

Sir Paul Beresford

Mr James Brokenshire

Mr David Ruffley

NC21

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.

(2)	In subsection 5A, after paragraph (a) insert—

“(aa)

where subsection 5C applies, five years;”.

(3)	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 has 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);

(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

Notices of Amendments: 11 May 2009

776

Policing and Crime Bill, continued

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.”.

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

“(36)

An offence under section 53 of the Regulation of Investigatory Powers

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

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Revised 12 May 2009