Criminal Justice and Public Order Act 1994

Obscene publications and indecent photographs of children U.K.

84 Indecent pseudo-photographs of children. U.K.

(1) The M1 Protection of Children Act 1978 shall be amended as provided in subsections (2) and (3) below.

(2) In section 1 (which penalises the taking and distribution of indecent photographs of children and related acts)—

(a) in paragraph (a) of subsection (1)—

(i) after the word “taken” there shall be inserted the words “ or to make ”, and the words following “child” shall be omitted;

(ii) after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;

(b) in paragraphs (b), (c) and (d) of subsection (1), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”;

(c) in subsection (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

(d) in paragraphs (a) and (b) of subsection (4), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.

(3) In section 7 (interpretation)—

(a) in subsection (3), at the end, there shall be inserted the words “ and so as respects pseudo-photographs ”; and

(b) for subsection (4) there shall be substituted the following subsection—

“(4) References to a photograph include—

(a) the negative as well as the positive version; and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.”.

(c) after subsection (5) there shall be inserted the following subsections—

“(6) “Child”, subject to subsection (8), means a person under the age of 16.

(7) “Pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph.

(8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

(9) References to an indecent pseudo-photograph include—

(a) a copy of an indecent pseudo-photograph; and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.”.

(4) Section 160 of the M2 Criminal Justice Act 1988 (which penalises the possession of indecent photographs of children) shall be amended as follows—

(a) in subsection (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ” and the words from “(meaning” to “16)” shall be omitted; and

(b) in paragraphs (a), (b) and (c) of subsection (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

(c) in subsection (5), the reference to the coming into force of that section shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.

(5) The M3 Civic Government (Scotland) Act 1982 shall be amended as provided in subsections (6) and (7) below.

(6) In section 52 (which, for Scotland, penalises the taking and distribution of indecent photographs of children and related acts)—

(a) in paragraph (a) of subsection (1)—

(i) after the word “taken” there shall be inserted the words “ or makes ”; and

(ii) for the words from “of a” to the end there shall be substituted the words “ or pseudo-photograph of a child ”;

(b) in paragraphs (b), (c) and (d) of subsection (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

(c) in subsection (2), at the beginning there shall be inserted “ In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 16; and ”;

(d) after subsection (2), there shall be added—

“(2A) In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.

(2B) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

(2C) In this section, references to an indecent pseudo-photograph include—

(a) a copy of an indecent pseudo-photograph;

(b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.”.

(e) in subsection (3)—

(i) in paragraph (a), for the words “3 months” there shall be substituted the words “ 6 months ”; and

(ii) in paragraph (b), for the words “two years” there shall be substituted the words “ 3 years ”;

(f) in subsection (4), and in paragraphs (a) and (b) of subsection (5), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

(g) for subsection (8)(c) there shall be substituted—

“(c) references to a photograph include—

(i) the negative as well as the positive version; and

(ii) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.”.

(7) In section 52A (which, for Scotland, penalises the possession of indecent photographs of children)—

(a) in subsection (1), for the words from “of a” to “16)” there shall be substituted the words “ or pseudo-photograph of a child ”;

(b) in subsection (2), in each of paragraphs (a) to (c), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;

(c) in subsection (3)—

(i) after the word “to” there shall be inserted the words “ imprisonment for a period not exceeding 6 months or to ”; and

(ii) at the end there shall be added the words “or to both.”;

(d) in subsection (4), after the word “(2)” there shall be inserted the words “ to (2C) ”.

(8) The M4 Protection of Children (Northern Ireland) Order 1978 shall be amended as provided in subsections (9) and (10) below.

(9) In Article 2 (interpretation)—

(a) in paragraph (2)—

(i) in the definition of “child”, after “child” there shall be inserted the words “ subject to paragraph (3)(c) ”;

(ii) for the definition of “photograph” there shall be substituted the following definitions—

““indecent pseudo-photograph” includes—

(a) a copy of an indecent pseudo-photograph; and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph;

“photograph” includes—

(a) the negative as well as the positive version; and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph;

“pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;”;

(b) in paragraph (3)—

(i) in sub-paragraph (a), after the word “photograph” there shall be inserted the words “or pseudo-photograph”;

(ii) in sub-paragraph (b), at the end, there shall be inserted the words “and so as respects pseudo-photographs; and”;

(iii) after sub-paragraph (b) there shall be inserted the following sub-paragraph—

“(c) if the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.”.

(10) In Article 3 (which, for Northern Ireland, penalises the taking and distribution of indecent photographs of children and related acts)—

(a) in sub-paragraph (a) of paragraph (1)—

(i) after the word “taken” there shall be inserted the words “ or to make ”;

(ii) after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;

(b) in sub-paragraphs (b), (c) and (d) of paragraph (1), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”;

(c) in sub-paragraphs (a) and (b) of paragraph (3), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.

(11) Article 15 of the M5 Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which, for Northern Ireland, penalises the possession of indecent photographs of children) shall be amended as follows—

(a) in paragraph (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ” and the words from “(meaning” to “16)” shall be omitted;

(b) in sub-paragraphs (a), (b) and (c) of paragraph (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

(c) in paragraph (6), the reference to the coming into operation of that Article shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.

Extent Information

E1 S. 84(1) to (4) extends to England and Wales only; s. 84(5) to (7) extends to Scotland only; s. 84(8) to (11) extends to Northern Ireland only see s. 172(7)(13)(15).

Marginal Citations

M1 1978 c. 37.

M2 1988 c. 33.

M3 1982 c. 45.

M4 S.I. 1978/1047 (N.I. 17).

M5 S.I. 1988/1847 (N.I. 17).

85 Arrestable offences to include certain offences relating to obscenity or indecency. E+W+N.I.

(1) The M6 Police and Criminal Evidence Act 1984 shall be amended as follows.

(2) In section 24(2) (arrestable offences), after paragraph (e), there shall be inserted the following paragraphs—

“(f) an offence under section 2 of the M7 Obscene Publications Act 1959 (publication of obscene matter);

(g) an offence under section 1 of the M8 Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);”.

(3) At the end of Part II of Schedule 5 (serious arrestable offences mentioned in section 116(2)(b)) there shall be inserted the following paragraphs—

“16 Protection of Children Act 1978 (c. 37.)

Section 1 (indecent photographs and pseudo-photographs of children).

17 Obscene Publications Act 1959 (c.66.)

Section 2 (publication of obscene matter).”.

(4) The M9 Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as provided in subsections (5) and (6) below.

(5) In Article 26(2) (arrestable offences), after sub-paragraph (e), there shall be inserted the following sub-paragraph—

“(f) an offence under Article 3 of the M10 Protection of Children (Northern Ireland) Order 1978 (indecent photographs and pseudo-photographs of children).”.

(6) At the end of Part II of Schedule 5 (serious arrestable offences mentioned in Article 87(2)(b)) there shall be inserted the following paragraph—

“13 Protection of Children (Northern Ireland) Order 1978 (1978 N.I.17)

Article 3 (indecent photographs and pseudo-photographs of children).”.

Extent Information

E2 S. 85(1) to (3) extends to England and Wales only; s. 85(4) to (6) extends to Northern Ireland only see s. 172(7)(15)

Marginal Citations

M6 1984 c. 60.

M7 1959 c. 66.

M8 1978 c. 37.

M9 S.I. 1989/1341 (N.I. 12).

M10 S.I. 1978/1047 (N.I. 17).

86 Indecent photographs of children: sentence of imprisonment. E+W+N.I.

(1) In section 160(3) of the M11 Criminal Justice Act 1988 (which makes a person convicted of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding six months or ” and at the end the words “ , or both ”.

(2) In Article 15(3) of the M12 Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which makes a person convicted in Northern Ireland of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding 6 months or ” and at the end the words “ , or both ”.

Extent Information

E3 S. 86(1) extends to England and Wales only; s. 86(2) extends to Northern Ireland only see s. 172(7)(15)

Marginal Citations

M11 1988 c. 33.

M12 S.I. 1988/1847 (N.I. 17).

87 Publishing, displaying, selling or distributing etc. obscene material in Scotland: sentence of imprisonment. S

In section 51(3) of the M13 Civic Government (Scotland) Act 1982 (which makes persons convicted in summary proceedings in Scotland of certain offences relating to obscene material liable, among other penalties, to imprisonment for a period not exceeding 3 months and persons convicted there on indictment of such offences liable, among other penalties, to imprisonment for a period not exceeding 2 years), for the words “3 months” there shall be substituted the words “ 6 months ” and for the words “two years” there shall be substituted the words “ 3 years ”.

Marginal Citations

M13 1982 c. 45.