Protection of Children Act 1978

[F1 Interpretation U.K.

Textual Amendments

F1 Sch. inserted (1.4.2008) by Police and Justice Act 2006 (c. 48), ss. 39(45), 53(1), Sch. 11; S.I. 2008/790, art. 2(c)

21 (1) In this Schedule— U.K.

• “the court” is to be construed in accordance with paragraph 12;

• “forfeitable property” is to be construed in accordance with paragraph 1(2);

• “premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act); and

• “the relevant officer” is to be construed in accordance with paragraph 3.

(2) For the purposes of this Schedule the circumstances in which a person (“P”) has a legitimate reason for possessing an indecent photograph of a child (“C”) include where—

(a) the photograph was of C aged 16 or over,

(b) one or both of the following sub-paragraphs apply—

(i) P and C are married, are civil partners of each other or are living together as partners in an enduring family relationship,

(ii) P and C were married, were civil partners of each other or were so living together at the time P obtained the photograph,

(c) the photograph shows C alone or with P, but does not show any other person,

(d) C has consented to the photograph being in P's possession (and that consent has not been withdrawn), and

(e) P owns, or is authorised (directly or indirectly) by the owner, to possess the photograph.]