Part 2Sexual offences and sex establishments
Indecent photographs of children
26Penalty for contravening notice relating to encrypted information
1
Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to comply with notice relating to encrypted information) is amended as follows.
2
In subsection (5A)(a) after “case” insert “or a child indecency case”.
3
After subsection (5B) insert—
6
In subsection (5A) “a child indecency case” means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary for the purpose of preventing or detecting an offence under any of the provisions listed in subsection (7).
7
Those provisions are—
a
section 1 of the Protection of Children Act 1978 (showing or taking etc an indecent photograph of a child: England and Wales);
b
Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for Northern Ireland);
c
section 52 or 52A of the Civic Government (Scotland) Act 1982 (showing or taking etc or possessing an indecent photograph of a child: Scotland);
d
section 160 of the Criminal Justice Act 1988 (possessing an indecent photograph of a child: England and Wales);
e
Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding offence for Northern Ireland).
4
The amendments made by this section apply in relation to cases in which the section 49 notice was given after the commencement of this section.