Search Legislation

Civil Partnership Act 2004

Paragraph 60 - Protection of Children Act 1978 (c. 37)

970.Section 1A of the Protection of Children Act 1978 concerns cases where a defendant, charged with an offence involving an indecent photograph of a child under section 1 of the Act, proves that at the relevant time the child was aged 16 or over and was either married to the defendant or living with the defendant as a partner in an enduring family relationship. In such cases, where the evidence raises an issue as to the child’s consent, section 1A provides that the defendant is not guilty unless it is proved that the child did not so consent and the defendant did not reasonably believe that the child consented. Where the offence is one of possession with a view to the photograph being shown or distributed, section 1A provides that the defendant is not guilty unless it is proved that the showing or distributing was to a person other than the child. Paragraph 60 amends section 1A of the Protection of Children Act 1978 to ensure that the same provisions apply if the defendant and the child were civil partners of each other, so that they are treated in the same way as spouses.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources