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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


Policing and Crime Bill, As Amended


Protection of children (encrypted material)


Sir Paul Beresford


Mr James Brokenshire


Mr David Ruffley




To move the following Clause:—



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


comply with a notice) is amended as follows.



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



where subsection 5C applies, five years;”.



After subsection 5B insert—



This section applies where—



the offender has been previously convicted of a relevant sexual





an indecent photograph of a child has been found in his


possession, or



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


protected information may contain an indecent photograph of a





For the purposes of subsection(5C)—


“relevant sexual offence” means an offence under—



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


photographs of children);



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


of indecent photographs of a child);



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                     



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;



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





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



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