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Protection of Children Act 1978

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[F121(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(d)C has consented to the photograph being in P's possession (and that consent has not been withdrawn), and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.]

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