Crime and Policing Act 2026 (c. 20)

Part 5 U.K. Sexual offences and offenders

Chapter 1 U.K. Child sexual abuse

Prospective

72 Child sexual abuse image-generators: England and Wales U.K.

(1) In the Sexual Offences Act 2003, after section 46 insert—

“Creation of CSA images E+W

46A Child sexual abuse image-generators

(1) It is an offence for a person—

(a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images;

(b) to possess, supply or offer to supply a thing (a “CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images.

(2) It is a defence for a person charged with an offence under this section of possessing a CSA image-generator to prove that the person—

(a) was sent the CSA image-generator without any request having been made for it (by or on behalf of the person), and

(b) did not keep it for an unreasonable time.

(3) It is a defence for a person charged with an offence under this section of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator.

(4) For further defences, see section 46B.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(6) In this section—

• “CSA image-generator” has the meaning given by paragraph (1)(b);

• “CSA image” means—

  (a)

  an indecent photograph or pseudo-photograph of a child, within the meaning of the Protection of Children Act 1978, or

  (b)

  a prohibited image of a child, within the meaning of section 62 of the Coroners and Justice Act 2009, that is not an excluded image within the meaning of section 63 of that Act;

• “thing” includes a program, information in electronic form and a service.

46B Section 46A: supplementary

(1) It is a defence for a person charged with an offence under section 46A—

(a) to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b) to prove that the person was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”) and did the act which constituted the offence for the purposes of the exercise of any function of the security body, or

(c) to prove that the person—

(i) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and

(ii) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.

(2) An internet service provider does not commit an offence under section 46A by—

(a) providing access to a communication network, or

(b) transmitting, in a communication network, information provided by a user, if the provider does not—

(i) initiate the transmission,

(ii) select the recipient of the transmission, or

(iii) select or modify the information contained in the transmission.

(3) The references in subsection (2) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a) is automatic, intermediate and transient,

(b) is solely for the purpose of carrying out the transmission in the network, and

(c) is for no longer than is reasonably necessary for the transmission.

(4) An internet service provider does not commit an offence under section 46A by storing information provided by a user for transmission in a communication network if—

(a) the storage of the information—

(i) is automatic, intermediate and temporary, and

(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b) the internet service provider—

(i) does not modify the information,

(ii) complies with any conditions attached to having access to the information, and

(iii) on knowing of a matter within subsection (5), promptly removes the information or disables access to it.

(5) The matters within this subsection are that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(6) An internet service provider does not commit an offence under section 46A by storing information provided by a user who is not acting under the authority or control of the provider if—

(a) when the information was provided the provider did not know that it was, or contained, a CSA image-generator, and

(b) on knowing that the information was, or contained, a CSA image-generator, the provider promptly removed the information or disabled access to it.

(7) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under section 46A as if references to a United Kingdom national included—

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) an unincorporated association formed under the law of any part of the United Kingdom.

(8) Section 46A(6) applies for the purposes of this section.

(9) In this section—

(a) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994;

(b) “OFCOM” means the Office of Communications;

(c) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023;

(d) “internet service provider” means a provider of—

(i) a service that is made available by means of the internet, or

(ii) a service that provides access to the internet;

(e) “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

46C Liability for offence under section 46A committed by a body

(1) This section applies where an offence under section 46A is committed by a body.

(2) If the offence is committed with the consent or connivance of—

(a) a relevant person in relation to the body, or

(b) a person purporting to act in the capacity of a relevant person in relation to the body,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In this section—

• “body” means a body corporate, a partnership or an unincorporated association other than a partnership;

• “relevant person”, in relation to a body, means—

  (a)

  in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

  (b)

  in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

  (c)

  in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

  (d)

  in the case of any other partnership, a partner;

  (e)

  in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.”

(2) In Schedule 2 to that Act (sexual offences for purposes of section 72 of that Act), in paragraph 1(a) for “47” substitute “46A”.

(3) In Schedule 3 to that Act (sexual offences for purposes of Part 2 of that Act) after paragraph 28 insert—

“28A An offence under section 46A of this Act (child sexual abuse image-generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.”

(4) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under the Sexual Offences Act 2003), after the entry for section 41 insert—

• “section 46A (child sexual abuse image-generators)”.

Commencement Information

I1 S. 72 not in force at Royal Assent, see s. 255(1)

Prospective

73 Child sexual abuse image-generators: Northern Ireland N.I.

(1) In the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), after Article 42 insert—

“Creation of CSA images N.I.

42A Child sexual abuse image-generators

(1) It is an offence for a person—

(a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images;

(b) to possess, supply or offer to supply a thing (a “CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images.

(2) It is a defence for a person charged with an offence under this Article of possessing a CSA image-generator to prove that the person—

(a) was sent the CSA image-generator without any request having been made for it (by or on behalf of the person), and

(b) did not keep it for an unreasonable time.

(3) It is a defence for a person charged with an offence under this Article of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator.

(4) For further defences, see Article 42B.

(5) A person who commits an offence under this Article is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(6) In this Article—

• “CSA image-generator” has the meaning given by paragraph (1)(b);

• “CSA image” means—

  (a)

  an indecent photograph or pseudo-photograph of a child, within the meaning of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17));

  (b)

  a prohibited image of a child, within the meaning of section 62 of the Coroners and Justice Act 2009, that is not an excluded image within the meaning of section 63 of that Act;

• “thing” includes a program, information in electronic form and a service.

42B Article 42A: supplementary

(1) It is a defence for a person charged with an offence under Article 42A—

(a) to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b) to prove that the person was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”) and did the act which constituted the offence for the purposes of the exercise of any function of the security body, or

(c) to prove that the person—

(i) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and

(ii) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.

(2) An internet service provider does not commit an offence under Article 42A by—

(a) providing access to a communication network, or

(b) transmitting, in a communication network, information provided by a user, if the provider does not—

(i) initiate the transmission,

(ii) select the recipient of the transmission, or

(iii) select or modify the information contained in the transmission.

(3) The references in paragraph (2) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a) is automatic, intermediate and transient,

(b) is solely for the purpose of carrying out the transmission in the network, and

(c) is for no longer than is reasonably necessary for the transmission.

(4) An internet service provider does not commit an offence under Article 42A by storing information provided by a user for transmission in a communication network if—

(a) the storage of the information—

(i) is automatic, intermediate and temporary, and

(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b) the internet service provider—

(i) does not modify the information,

(ii) complies with any conditions attached to having access to the information, and

(iii) on knowing of a matter within paragraph (5), promptly removes the information or disables access to it.

(5) The matters within this paragraph are that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(6) An internet service provider does not commit an offence under Article 42A by storing information provided by a user who is not acting under the authority or control of the provider if—

(a) when the information was provided the provider did not know that it was, or contained, a CSA image-generator, and

(b) on knowing that the information was, or contained, a CSA image-generator, the provider promptly removed the information or disabled access to it.

(7) Article 76(1) applies in relation to an act which, if done in Northern Ireland, would constitute an offence under Article 42A as if references to a United Kingdom national included—

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) an unincorporated association formed under the law of any part of the United Kingdom.

(8) Article 42A(6) applies for the purposes of this Article.

(9) In this Article—

(a) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994;

(b) “OFCOM” means the Office of Communications;

(c) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023;

(d) “internet service provider” means a provider of—

(i) a service that is made available by means of the internet, or

(ii) a service that provides access to the internet;

(e) “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

42C Liability for an offence under Article 42A committed by a body

(1) This Article applies where an offence under Article 42A is committed by a body.

(2) If the offence is committed with the consent or connivance of—

(a) a relevant person in relation to the body, or

(b) a person purporting to act in the capacity of a relevant person in relation to the body,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In this Article—

• “body” means a body corporate, a partnership or an unincorporated association other than a partnership;

• “relevant person”, in relation to a body, means—

  (a)

  in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

  (b)

  in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

  (c)

  in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

  (d)

  in the case of any other partnership, a partner;

  (e)

  in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.”

(2) In Schedule 3 to the Sexual Offences Act 2003 (offences for purposes of Part 2 of that Act) after paragraph 92O insert—

“92OA An offence under Article 42A of that Order (child sexual abuse image-generators) if the offender is sentenced in respect of the offence to imprisonment for a term of at least 6 months.”

Commencement Information

I2 S. 73 not in force at Royal Assent, see s. 255(1)(8)(g)

Prospective

74 Child sexual abuse image-generators: Scotland S

(1) In the Civic Government (Scotland) Act 1982, after section 52C insert—

“52D Child sexual abuse image-generators

(1) It is an offence for a person—

(a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images;

(b) to possess, supply or offer to supply a thing (a “CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images.

(2) It is a defence for a person charged with an offence under this section of possessing a CSA image-generator to prove that the person—

(a) was sent the CSA image-generator without any request having been made for it (by or on behalf of the person), and

(b) did not keep it for an unreasonable time.

(3) It is a defence for a person charged with an offence under this section of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator.

(4) For further defences, see section 52E.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(6) In this section—

• “CSA image-generator” has the meaning given by subsection (1)(b);

• “CSA image” means an indecent photograph or pseudo-photograph of a child, within the meaning of section 52;

• “thing” includes a program, information in electronic form and a service.

52E Section 52D: supplementary

(1) It is a defence for a person charged with an offence under section 52D—

(a) to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b) to prove that the person was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”) and did the act which constituted the offence for the purposes of the exercise of any function of the security body, or

(c) to prove that the person—

(i) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and

(ii) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.

(2) An internet service provider does not commit an offence under section 52D by—

(a) providing access to a communication network, or

(b) transmitting, in a communication network, information provided by a user, if the provider does not—

(i) initiate the transmission,

(ii) select the recipient of the transmission, or

(iii) select or modify the information contained in the transmission.

(3) The references in subsection (2) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a) is automatic, intermediate and transient,

(b) is solely for the purpose of carrying out the transmission in the network, and

(c) is for no longer than is reasonably necessary for the transmission.

(4) An internet service provider does not commit an offence under section 52D by storing information provided by a user for transmission in a communication network if—

(a) the storage of the information—

(i) is automatic, intermediate and temporary, and

(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b) the internet service provider—

(i) does not modify the information,

(ii) complies with any conditions attached to having access to the information, and

(iii) on knowing of a matter within subsection (5), promptly removes the information or disables access to it.

(5) The matters within this subsection are that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(6) An internet service provider does not commit an offence under section 52D by storing information provided by a user who is not acting under the authority or control of the provider if—

(a) when the information was provided the provider did not know that it was, or contained, a CSA image-generator, and

(b) on knowing that the information was, or contained, a CSA image-generator, the provider promptly removed the information or disabled access to it.

(7) Section 52D(6) applies for the purposes of this section.

(8) In this section—

(a) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994;

(b) “OFCOM” means the Office of Communications;

(c) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023;

(d) “internet service provider” means a provider of—

(i) a service that is made available by means of the internet, or

(ii) a service that provides access to the internet;

(e) “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.”

(2) In Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) after paragraph 46 insert—

“46A An offence under section 52D of that Act (child sexual abuse image-generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.”

(3) In the Sexual Offences (Scotland) Act 2009—

(a) in section 55 (offences committed outside the UK) after subsection (7) insert—

“(7A) Subsection (1) applies to an act which, if done in Scotland, would constitute an offence under section 52D of the Civic Government (Scotland) Act 1982, as if references to a United Kingdom national included—

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) an unincorporated association formed under the law of any part of the United Kingdom.”;

(b) in Schedule 4 (sexual offences for purposes of section 55 of that Act), after paragraph 12 insert—

“12A An offence under section 52D of that Act (child sexual abuse image-generators).”

Commencement Information

I3 S. 74 not in force at Royal Assent, see s. 255(1)(10)(d)

Prospective

75 Possession of advice or guidance about creating etc CSA images: England and Wales and Northern Ireland U.K.

(1) Section 69 of the Serious Crime Act 2015 (possession of paedophile manual) is amended as follows.

(2) In subsections (1) and (2)(b)(ii) after “sexually” insert “or creating CSA images”.

(3) After subsection (2) insert—

“(2A) In this section “abusing children sexually or creating CSA images” means—

(a) in England and Wales, doing anything that constitutes—

(i) an offence under section 1 of the Protection of Children Act 1978,

(ii) an offence under Part 1 of the Sexual Offences Act 2003 against a person under the age of 16, or

(iii) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),

or doing anything outside England and Wales that would constitute such an offence if done in England and Wales;

(b) in Northern Ireland, doing anything that constitutes—

(i) an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)),

(ii) an offence under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) against a person under the age of 16, or

(iii) an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),

or doing anything outside Northern Ireland that would constitute such an offence if done in Northern Ireland;

or creating (anywhere) a prohibited image of a child within the meaning of section 62 of the Coroners and Justice Act 2009.”

(4) In subsection (8) omit the definition of “abusing children sexually”.

(5) In Schedule 3 to the Sexual Offences Act 2003, in paragraph 93A(1) (service offences) for “35B” substitute “35C”.

(6) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 35A (offences under the Serious Crime Act 2015) substitute—

“35A An offence under any of the following provisions of the Serious Crime Act 2015—

• section 69 (possession of paedophile manual)

• section 75A (strangulation or suffocation).”

Commencement Information

I4 S. 75 not in force at Royal Assent, see s. 255(1)

Prospective

76 Possession of advice or guidance about child sexual abuse or CSA images: Scotland S

(1) In Part 4 of the Sexual Offences (Scotland) Act 2009 after section 41 insert—

“41A Possession of advice or guidance about abusing children sexually or creating CSA images

(1) It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually or creating CSA images.

(2) “Abusing children sexually or creating CSA images” means doing anything that constitutes—

(a) an offence under section 52 or 52D of the Civic Government (Scotland) Act 1982;

(b) an offence under section 1, 2 or 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 against a person under the age of 18;

(c) an offence under section 10 of that Act;

(d) an offence under section 1, or any of sections 9 to 12, of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

(e) an offence under Part 1 or section 46 of the Sexual Offences (Scotland) Act 2009 against a person under the age of 18;

(f) an offence under Part 4 or section 42 of that Act;

(g) an offence under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 against a person under the age of 18 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3), (4) or (5) of that Act (prostitution and sexual exploitation),

or doing anything outside Scotland that would constitute such an offence if done in Scotland.

(3) It is a defence for a person (D) charged with an offence under this section—

(a) to prove that D had a legitimate reason for being in possession of the item;

(b) to prove that—

(i) D had not read, viewed or (as appropriate) listened to the item, and

(ii) D did not know, and had no reason to suspect, that it contained advice or guidance about abusing children sexually or creating CSA images; or

(c) to prove that—

(i) the item was sent to D without any request made by D or on D’s behalf, and

(ii) D did not keep it for an unreasonable time.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine, or to both.

(5) In this section “item” includes anything in which information of any description is recorded.

41B Section 41A: supplementary provision

(1) A service provider does not commit an offence under section 41A by—

(a) providing access to a communication network, or

(b) transmitting, in a communication network, information provided by a user, if the provider does not—

(i) initiate the transmission,

(ii) select the recipient of the transmission, or

(iii) select or modify the information contained in the transmission.

(2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a) is automatic, intermediate and transient,

(b) is solely for the purpose of carrying out the transmission in the network, and

(c) is for no longer than is reasonably necessary for the transmission.

(3) A service provider does not commit an offence under section 41A by storing information provided by a user for transmission in a communication network if—

(a) the storage of the information—

(i) is automatic, intermediate and temporary, and

(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b) the service provider—

(i) does not modify the information,

(ii) complies with any conditions attached to having access to the information, and

(iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it.

(4) The matters within this subsection are that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(5) A service provider does not commit an offence under section 41A by storing information provided by a user who is not acting under the authority or control of the provider if—

(a) when the information was provided the provider did not know that it was, or contained, advice or guidance about abusing children sexually or creating CSA images, and

(b) on knowing that the information was, or contained, advice or guidance about abusing children sexually or creating CSA images, the provider promptly removed the information or disabled access to it.

(6) In this section—

(a) “service provider” means a person providing an information society service;

(b) “information society service” means a service normally provided—

(i) for remuneration,

(ii) at a distance,

(iii) by electronic means, and

(iv) at the individual request of a user of the service;

(c) “user”, in relation to a service provider, means a user of a service provided by the service provider.

(7) In subsection (6)(b)—

(a) “at a distance” means that the service is provided without the parties being simultaneously present;

(b) “by electronic means” means that the service is—

(i) sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and

(ii) entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;

(c) “at the individual request of a user of the service” means that the service is provided through the transmission of data on individual request.”

(2) In Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) after paragraph 59ZJ insert—

“59ZJA An offence under section 41A of that Act (possession of paedophile manual) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.”

Commencement Information

I5 S. 76 not in force at Royal Assent, see s. 255(1)(10)(d)

Prospective

77 Online facilitation of child sexual exploitation and abuse U.K.

(1) A person commits an offence if they carry out a relevant internet activity with the intention of facilitating child sexual exploitation and abuse.

(2) Each of the following is a “relevant internet activity” for the purposes of this section—

(a) providing an internet service;

(b) maintaining or helping to maintain an internet service (or part of such a service) provided by another person;

(c) administering, moderating or otherwise controlling access to content on an internet service;

(d) facilitating the sharing of content on an internet service.

(3) For the purposes of this section, a person carries out the relevant internet activity of providing an internet service if they are the provider of the service within the meaning of section 226 of the Online Safety Act 2023.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(5) In this section—

• “child sexual exploitation and abuse” means—

  (a)

  conduct that would constitute an offence specified in Schedule 10, or

  (b)

  conduct outside the United Kingdom that would constitute such an offence if it took place in the United Kingdom;

• “content”, in relation to an internet service, has the meaning given by section 236(1) of the Online Safety Act 2023;

• “internet service” has the meaning given by section 228 of that Act (and section 204(1) of that Act applies).

(6) The Secretary of State may by regulations amend Schedule 10.

(7) The Secretary of State must consult the Scottish Ministers before making regulations under subsection (6) which amend Part 2 of Schedule 10.

(8) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (6) which amend Part 3 of Schedule 10.

Commencement Information

I6 S. 77 not in force at Royal Assent, see s. 255(1)

Prospective

78 Offence under section 77 outside the United Kingdom U.K.

(1) A person commits an offence under section 77 by virtue of conduct outside the United Kingdom only if subsection (2), (3) or (4) applies.

(2) This subsection applies if—

(a) the person is a UK national or a UK body, and

(b) the conduct, if it took place in any part of the United Kingdom, would constitute an offence under section 77.

(3) This subsection applies if—

(a) the person is a UK resident,

(b) the conduct constitutes an offence under the law in force in the country in which it took place, and

(c) if the conduct took place in any part of the United Kingdom it would constitute an offence under section 77.

(4) This subsection applies if—

(a) at the time the conduct took place the person was not a UK national, a UK body or a UK resident,

(b) the conduct constituted an offence under the law in force in the country in which it took place,

(c) if the conduct took place in any part of the United Kingdom it would constitute an offence under section 77, and

(d) the person meets the residence or nationality condition at the relevant time.

(5) For the purposes of subsection (4)(d), the person meets the residence or nationality condition at the relevant time if the person is a UK national, a UK body or a UK resident when proceedings for the offence are taken in the United Kingdom (see subsection (11)).

(6) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (3) and (4) however it is described in that law.

(7) The condition in subsection (3)(b) or (4)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the conduct in question, the condition is not in the defendant’s opinion met,

(b) showing the grounds for that opinion, and

(c) requiring the prosecution to prove that it is met.

(8) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition in subsection (3)(b) or (4)(b) is met without service of a notice under subsection (7).

(9) In the application of subsections (7) and (8) to Scotland, references to the defendant are to be read as references to the accused.

(10) In the Crown Court, the High Court of Justiciary or the sheriff court, the question whether the condition in subsection (3)(b) or (4)(b) is met is to be decided by the judge or sheriff (as the case may be) alone.

(11) Where an offence under section 77 is committed outside the United Kingdom—

(a) proceedings for the offence may be taken at any place in the United Kingdom, and

(b) the offence may for all incidental purposes be treated as having been committed at any such place.

(12) In the application of subsection (11) to Scotland, any such proceedings against a person may be taken—

(a) in any sheriff court district in which the person is apprehended or is in custody, or

(b) in such sheriff court district as the Lord Advocate may determine.

(13) In subsection (12) “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).

(14) In this section—

• “country” includes territory;

• “UK body” means—

  (a)

  a body incorporated under the law of any part of the United Kingdom, or

  (b)

  an unincorporated association formed under the law of any part of the United Kingdom;

• “UK national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a British subject, or

  (c)

  a British protected person within the meaning of that Act;

• “UK resident” means an individual who is habitually resident in the United Kingdom.

Commencement Information

I7 S. 78 not in force at Royal Assent, see s. 255(1)

Prospective

79 Liability for offence under section 77 committed by a body U.K.

(1) This section applies where an offence under section 77 is committed by a body.

(2) If the offence is committed with the consent or connivance of—

(a) a relevant person in relation to the body, or

(b) a person purporting to act in the capacity of a relevant person in relation to the body,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In this section—

• “body” means a body corporate, a partnership or an unincorporated association other than a partnership;

• “relevant person”, in relation to a body, means—

  (a)

  in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

  (b)

  in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

  (c)

  in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

  (d)

  in the case of any other partnership, a partner;

  (e)

  in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.

Commencement Information

I8 S. 79 not in force at Royal Assent, see s. 255(1)

Prospective

80 Section 77: supplementary provision U.K.

(1) Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) is amended as follows.

(2) After paragraph 35C insert—

“35D An offence under section 77 of the Crime and Policing Act 2026 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.”

(3) After paragraph 59ZL insert—

“59ZM An offence under section 77 of the Crime and Policing Act 2026 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.”

(4) After paragraph 92Y insert—

“92Z An offence under section 77 of the Crime and Policing Act 2026 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.”

(5) In paragraph 93A (service offences), in sub-paragraph (1), for “35C” (inserted by section 75) substitute “35D”.

(6) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 68 (inserted by section 68) insert—

• “section 77 (online facilitation of child sexual exploitation and abuse)”.

Commencement Information

I9 S. 80 not in force at Royal Assent, see s. 255(1)

Prospective

81 Sexual offences against children under 16 U.K.

(1) The Sexual Offences Act 2003 is amended as follows.

(2) After section 8 insert—

“Rape and other offences against children under 16 E+W

8A Rape of a child under 16

(1) A person aged 18 or over (A) commits an offence if—

(a) A intentionally penetrates the vagina, anus or mouth of another person (B) with A’s penis, and

(b) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

8B Assault of a child under 16 by penetration

(1) A person aged 18 or over (A) commits an offence if—

(a) A intentionally penetrates the vagina or anus of another person (B) with a part of A’s body or anything else,

(b) the penetration is sexual, and

(c) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

8C Causing or inciting a child under 16 to engage in sexual activity involving penetration

(1) A person aged 18 or over (A) commits an offence if—

(a) A intentionally causes or incites another person (B) to engage in an activity within subsection (2),

(b) the activity is sexual, and

(c) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) An activity is within this subsection if it involves—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of a person’s mouth with B’s penis.

(3) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.”

(3) In section 73(2) (exceptions to aiding, abetting and counselling) after paragraph (a) insert—

“(aa) an offence under section 8A or 8B (offences against children under 16);”.

(4) Schedule 11 contains minor and consequential amendments.

Commencement Information

I10 S. 81 not in force at Royal Assent, see s. 255(1)

Prospective

82 Sexual activity in presence of child etc E+W

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 11(1) (engaging in sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end (not including the “and” at the end of the paragraph) substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(3) In section 18(1) (abuse of position of trust: sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(4) In section 32(1) (engaging in sexual activity in presence of person with mental disorder impeding choice), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(5) In section 36(1) (engaging in sexual activity in presence, procured by inducement, threat or deception, of person with mental disorder)—

(a) in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”;

(b) in paragraph (d) for “paragraph (c)(i)” substitute “paragraph (c)”.

(6) In section 40(1) (care workers: sexual activity in presence of person with mental disorder), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(7) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under the Sexual Offences Act 2003), after the entry for section 10 insert—

• “section 11 (engaging in sexual activity in presence of child)”.

Commencement Information

I11 S. 82 not in force at Royal Assent, see s. 255(1)

83 Child sex offences: grooming aggravating factor U.K.

(1) In the Sentencing Code after section 70 insert—

“70A Sexual grooming of child

(1) This section applies where—

(a) a court is considering the seriousness of a specified child sex offence,

(b) the offence is aggravated by grooming, and

(c) the offender was aged 18 or over when the offence was committed.

(2) The court—

(a) must treat the fact that the offence is aggravated by grooming as an aggravating factor, and

(b) must state in open court that the offence is so aggravated.

(3) An offence is “aggravated by grooming” if—

(a) the offence was facilitated by, or involved, the offender grooming a person under the age of 18, or

(b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed.

The person groomed need not have been a victim of the offence.

(4) In this section “specified child sex offence” means—

(a) an offence within any of subsections (5) to (7), or

(b) an inchoate offence in relation to any such offence.

(5) An offence is within this subsection if it is—

(a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),

(b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),

(d) an offence under any of sections 8A to 8C of that Act (rape and other offences against children under 16),

(e) an offence under any of sections 9 to 12 of that Act (other child sex offences),

(f) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence),

(g) an offence under any of sections 16 to 19 of that Act (abuse of position of trust),

(h) an offence under section 25 or 26 of that Act (familial child sex offences), or

(i) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children).

(6) An offence is within this subsection if it is—

(a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent),

(b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder),

(c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or

(d) an offence under any of sections 66 to 66B, 67 or 67A of that Act (offences relating to exposure, intimate images and voyeurism),

and the victim or intended victim was under the age of 18.

(7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.

(8) Nothing in this section prevents a court from treating any other grooming of a person as an aggravating factor.

(9) This section applies in relation to a person convicted of an offence on or after the day on which section 83 of the Crime and Policing Act 2026 comes into force.”

(2) In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an offence), after subsection (7) insert—

“(8) In section 70A of the Sentencing Code (sexual grooming of child as aggravating factor)—

(a) the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and

(b) the reference in subsection (1) to a specified child sex offence is to be read as including a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified child sex offence.”

Commencement Information

I12 S. 83 in force at 29.6.2026, see s. 255(3)(a)

84 Power to scan for child sexual abuse images at the border U.K.

After section 164A of the Customs and Excise Management Act 1979 (powers to search for cash) insert—

“164B Power to scan for child sexual abuse images

(1) This section applies if there are reasonable grounds to suspect that a person to whom section 164 applies is carrying an electronic device storing child sexual abuse images.

(2) If this section applies, an officer may—

(a) scan the information stored on the device using technology approved by the Secretary of State for the purpose of ascertaining whether information stored on an electronic device includes child sexual abuse images,

(b) require the person to permit the scan, and

(c) require the person to take such steps as appear necessary to allow the scan to be performed.

(3) In this section—

• “child sexual abuse image” means—

  (a)

  in relation to England and Wales and Northern Ireland, an indecent photograph or pseudo-photograph of a child or a prohibited image of a child;

  (b)

  in relation to Scotland, an indecent photograph or pseudo-photograph of a child;

• “electronic device” means any article on which information is capable of being stored in electronic form, and includes any component of such an article;

• “indecent photograph or pseudo-photograph of a child” has—

  (a)

  in relation to England and Wales, the same meaning as in the Protection of Children Act 1978;

  (b)

  in relation to Scotland, the same meaning as in section 52 of the Civic Government (Scotland) Act 1982;

  (c)

  in relation to Northern Ireland, the same meaning as in the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17));

• “prohibited image of a child” has the same meaning as in Chapter 2 of Part 2 of the Coroners and Justice Act 2009.”

Commencement Information

I13 S. 84 in force at Royal Assent, see s. 255(2)(d)

Prospective

Chapter 2 E+W Duty to report child sexual abuse

85 Duty to report suspected child sex offences E+W

(1) A person aged 18 or over must make a notification under this section if, in the course of engaging in a relevant activity in England, they are given reason to suspect that a child sex offence may have been committed (at any time).

(2) A notification—

(a) must be made to a relevant police force or a relevant local authority (but may be made to both);

(b) must identify each person believed to have been involved in the suspected offence (so far as known) and explain why the notification is made;

(c) must be made as soon as practicable (subject to subsections (5) and (6));

(d) may be made orally or in writing.

(3) If the person making the notification believes that no relevant child resides in England and Wales, subsection (2)(a) applies as if it referred to a relevant police force only.

(4) The Secretary of State may by regulations make provision about the way in which an oral or written notification is to be made.

The regulations may in particular provide that a notification to a police force or local authority is to be made in accordance with any requirements published from time to time by the police force or local authority.

(5) The duty under subsection (1) does not apply to a person in the initial 7-day period if (and for so long as) they reasonably believe that making such a notification would give rise to a risk to the life or safety of a relevant child.

(6) The duty under subsection (1) does not apply to a person in the initial 7-day period if (and for so long as) they reasonably believe that another person will make a notification under this section in connection with the suspected offence in that period.

(7) The duty under subsection (1) does not apply to a person (P) if—

(a) another person informs P that they have made a notification under this section in connection with the suspected offence, and

(b) P reasonably believes that the notification has been made.

(8) In subsections (6) and (7), references to another person making, or having made, a notification include that person making or having made it on behalf of the person mentioned in subsection (1).

(9) The duty under subsection (1) is also subject to—

(a) section 88 (exception for certain consensual activities between children);

(b) section 89 (exception relating to commission of offence under section 14 of the Sexual Offences Act 2003 by a child in certain circumstances);

(c) section 90 (exception in respect of certain disclosures by children);

(d) section 91 (exception for persons providing specified services).

(10) A disclosure made in a notification under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information.

(11) In this section—

(a) “the initial 7-day period” means the period of 7 days beginning when the person mentioned in subsection (1) is given reason to suspect that a child sex offence may have been committed;

(b) a reference to a person involved in a suspected offence includes, where the suspected offence is under—

(i) section 1(1)(b), (c) or (d) of the Protection of Children Act 1978 (taking etc indecent photograph of child), or

(ii) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

any person shown in the photograph or pseudo-photograph concerned (other than an imaginary person);

(c) “relevant local authority” and “relevant police force” have the meaning given by section 86.

(12) In this Chapter—

• “child” means a person aged under 18 (and related expressions are to be construed accordingly);

• “child sex offence” means an offence specified in Part 1 of Schedule 12;

• “relevant activity” means—

  (a)

  a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, or

  (b)

  an activity specified in Part 2 of Schedule 12;

• “relevant child” means a child involved in the suspected offence other than any child who is the suspected offender.

(13) This Chapter applies to persons in the service of the Crown.

Commencement Information

I14 S. 85 not in force at Royal Assent, see s. 255(1)

86 Section 85: meaning of “relevant local authority” and “relevant police force” E+W

(1) This section applies for the purposes of section 85.

(2) “Relevant local authority” means—

(a) if a relevant child resides in England or Wales, the local authority in whose area the child is believed to reside, or

(b) if the person making the notification does not know the local authority area in which any relevant child resides, such local authority as the person making the notification considers appropriate.

(3) “Relevant police force” means—

(a) if a person believed to be involved in the suspected offence resides in England and Wales, the police force for the area in which the person is believed to reside, or

(b) if the person making the notification—

(i) does not know the police area in which any person believed to be involved in the suspected offence resides, or

(ii) believes that each person believed to be involved in the suspected offence resides outside England and Wales,

such police force in England and Wales as the person making the notification considers appropriate.

(4) In this section “local authority” has the same meaning as in the Children Act 2004 (see section 65).

(5) Section 85(11)(b) (references to “involved in the suspected offence”) applies for the purposes of this section.

Commencement Information

I15 S. 86 not in force at Royal Assent, see s. 255(1)

87 Section 85: reasons to suspect child sex offence may have been committed E+W

(1) For the purposes of section 85, a person (P) is given reason to suspect that a child sex offence may have been committed in each of the following cases (and no others).

(2) The first case is where P witnesses conduct constituting a child sex offence.

(3) The second case is where a child communicates to P something which would cause a reasonable person who engages in the same relevant activity as P to suspect that a child sex offence may have been committed.

(4) The third case is where a person (A) communicates to P something which would cause a reasonable person who engages in the same relevant activity as P to suspect that A may have committed a child sex offence.

(5) The fourth case is where—

(a) P sees an image or hears an audio recording, and

(b) a reasonable person who engages in the same relevant activity as P would suspect that the image shows, or the audio recording is of, conduct constituting a child sex offence.

(6) The fifth case is where P sees an image, and a reasonable person who engages in the same relevant activity as P would suspect that possession of the image may constitute a child sex offence.

(7) In this section “image” means a still or moving image, produced by any means.

Commencement Information

I16 S. 87 not in force at Royal Assent, see s. 255(1)

88 Exception for certain consensual sexual activities between children E+W

(1) The duty under section 85 does not apply to a person if the following four conditions are met.

(2) The first condition is that the child sex offence that the person is given reason to suspect may have been committed (“the suspected offence”) is—

(a) an offence under section 13 of the Sexual Offences Act 2003 (child sex offences committed by children or young persons), or

(b) an offence under section 1(1)(a), (b) or (c) of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988, relating to an indecent photograph of a child.

(3) The second condition is that the person reasonably believes that—

(a) each person involved in the suspected offence was a child aged 13 or over, and

(b) where the suspected offence is under a provision mentioned in subsection (2)(b), the child shown in the indecent photograph concerned is aged 13 or over.

(4) The third condition is that the person is satisfied that—

(a) each person involved in the suspected offence (other than the suspected offender) consented to the conduct constituting the suspected offence, and

(b) where the suspected offence is under section 1(1)(b) or (c) of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988, the person shown in the indecent photograph concerned consented to—

(i) the taking of the photograph, and

(ii) the conduct constituting the suspected offence.

(5) The fourth condition is that the person is satisfied that it would not be appropriate in the circumstances to make a notification under section 85, having regard (among other things) to the risk of harm to each person mentioned in subsection (3)(a) and (if relevant) (b).

(6) For the purposes of the third condition, a person consents if the person agrees by choice, and has the freedom and capacity to make that choice.

(7) In this section “indecent photograph” has the same meaning as in the Protection of Children Act 1978 (see section 7 of that Act).

Commencement Information

I17 S. 88 not in force at Royal Assent, see s. 255(1)

89 Exception relating to commission of offence under section 14 of the Sexual Offences Act 2003 by a child in certain circumstances E+W

(1) The duty under section 85 does not apply to a person if the following four conditions are met.

(2) The first condition is that the child sex offence that the person is given reason to suspect may have been committed (“the suspected offence”) is an offence under section 14 of the Sexual Offences Act 2003 (arranging or facilitating child sex offence).

(3) The second condition is that the person reasonably believes that—

(a) each person involved in the suspected offence was a child aged 13 or over, and

(b) each person whom (as regards the suspected offence) the suspected offender intended to be, or believed would be, involved in the offence mentioned in section 14(1)(b) of the Sexual Offences Act 2003 (“the arranged or facilitated offence”) was a child aged 13 or over.

(4) The third condition is that the person is satisfied that—

(a) each person (if any) involved in the suspected offence (other than the suspected offender) consented to the conduct constituting it, and

(b) the suspected offender reasonably believed that each person whom the suspected offender intended to be, or believed would be, involved in the arranged or facilitated offence would consent to the conduct constituting it.

(5) The fourth condition is that the person is satisfied that it would not be appropriate in the circumstances to make a notification under section 85, having regard (among other things) to the risk of harm to each person—

(a) involved in the suspected offence, or

(b) whom the suspected offender intended to be, or believed would be, involved in the arranged or facilitated offence.

(6) For the purposes of the third condition, a child consents if the child agrees by choice, and has the freedom and capacity to make that choice.

Commencement Information

I18 S. 89 not in force at Royal Assent, see s. 255(1)

90 Exception in respect of certain disclosures by children E+W

(1) The duty under section 85 does not apply to a person (P) if—

(a) P is given reason to suspect that another person (A) may have committed a child sex offence by a communication by A that is within section 87(4), and

(b) P reasonably believes that—

(i) A is a child, and

(ii) each other person involved in the suspected offence is a child aged 13 or over.

(2) Section 85(11)(b) (references to “involved in the suspected offence”) applies for the purposes of this section.

Commencement Information

I19 S. 90 not in force at Royal Assent, see s. 255(1)

91 Exception for persons providing specified services E+W

(1) The Secretary of State may by regulations provide that the duty under section 85 does not apply in relation to a person providing a specified service or a specified description of service.

“Specified” here means specified in the regulations.

(2) A service or description of service may be specified only if the Secretary of State is satisfied that—

(a) the service relates to the safety or well-being of children, and

(b) it is in the interests of children for the service to be provided on a confidential basis.

Commencement Information

I20 S. 91 not in force at Royal Assent, see s. 255(1)

92 Preventing or deterring a person from complying with duty to report suspected child sex offence E+W

(1) A person commits an offence if they—

(a) know that a person is under a duty under section 85, and

(b) engage in any conduct with the intention of preventing or deterring that person from complying with that duty.

(2) It is a defence for a person charged with an offence under this section to show that the conduct alleged to constitute the offence consisted only of making representations about the timing of a notification under section 85 in light of the best interests of any person whom they reasonably believe to be a relevant child.

(3) A person is taken to show the fact mentioned in subsection (2) if—

(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

Commencement Information

I21 S. 92 not in force at Royal Assent, see s. 255(1)

93 Modification of Chapter for constables E+W

(1) A constable who is under a duty under section 85 is to be treated as having complied with the duty if the constable records, in accordance with applicable policy and procedure, the matters that gave the constable reason to suspect that a child sex offence may have been committed (for the purposes of section 85).

(2) In the application of sections 85(7), 88(5) and 89(5) in respect of a constable, the references in those provisions to the making of a notification under section 85 include references to the making of a record under subsection (1) of this section.

(3) In this section—

• “applicable policy and procedure” means the policy and procedure relating to the recording of criminal offences of the police force of which the constable mentioned in subsection (1) is a member;

• “police force” includes—

  (a)

  the British Transport Police Force, and

  (b)

  the Ministry of Defence police.

Commencement Information

I22 S. 93 not in force at Royal Assent, see s. 255(1)

94 Guidance E+W

(1) The Secretary of State may issue guidance about the duty under section 85 to persons who engage in relevant activities.

(2) Those persons must have regard to the guidance.

(3) Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(4) The Secretary of State must publish any guidance issued under this section.

(5) The Secretary of State may revise any guidance issued under this section.

(6) Subsections (2) to (4) apply to revised guidance, except that subsection (3) does not apply if the Secretary of State considers that the revisions are not substantial.

Commencement Information

I23 S. 94 not in force at Royal Assent, see s. 255(1)

95 Powers to amend this Chapter, and consequential amendments E+W

(1) The Secretary of State may by regulations amend—

(a) this Chapter so as to change an exception to the duty under section 85;

(b) Part 1 of Schedule 12 (child sex offences);

(c) Part 2 of Schedule 12 (further relevant activities) so as to add or change an activity.

The regulations may make consequential amendments of this Chapter.

(2) In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists), in paragraph 4(1) (relevant conduct for purposes of paragraph 3) after paragraph (e) insert—

“(f) failing to comply with the duty under section 85 of the Crime and Policing Act 2026 (duty to report suspected child sex offence).”

(3) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (offences under the Crime and Policing Act 2026) (inserted by section 48), after the entry for section 77 (inserted by section 80), insert—

• “section 92 (preventing or deterring a person from complying with duty to report suspected child sex offence)”.

Commencement Information

I24 S. 95 not in force at Royal Assent, see s. 255(1)

Chapter 3 E+W Removal of limitation period for child sexual abuse

96 Removal of limitation period in child sexual abuse cases E+W

(1) The Limitation Act 1980 is amended as follows.

(2) After section 11 insert—

“11ZA Actions in respect of personal injuries attributable to child sexual abuse

(1) None of the time limits given in the preceding provisions of this Act apply to an action to which this section applies.

(2) This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) which meets conditions 1 to 3.

(3) Condition 1 is that the damages claimed by the claimant consist of or include damages in respect of personal injuries to the claimant.

(4) Condition 2 is that the claimant was under 18 on the date on which the cause of action accrued.

(5) Condition 3 is that the act or omission to which the claimant’s personal injuries were attributable constituted sexual abuse.

(6) This section applies in relation to actions brought, and causes of action accrued, before (as well as after) this section comes into force.

(7) But it does not apply in relation to a claim which, before this section comes into force, was settled by agreement between the parties or determined by a court (whether or not the determination is subject to appeal).

(8) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.

(9) This section does not apply to a cause of action surviving for the benefit of a person’s estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934, except where an action was brought by the person before the person’s death.

11ZB Dismissal of actions in respect of personal injuries attributable to child sexual abuse

(1) This section applies where an action to which section 11ZA applies is brought after the expiration of the time limit that would apply but for that section (disregarding the possibility of the time limit being disapplied under section 33).

(2) The court must dismiss the action if the defendant satisfies the court that it is not possible for a fair hearing to take place.

(3) In this section “the court” means the court in which the action has been brought.”

(3) In section 12 (special time limit for actions under Fatal Accidents legislation) after subsection (1) insert—

“(1A) An action under the Fatal Accidents Act 1976 may not be brought if—

(a) section 11ZA would have applied to an action by the person injured to recover damages in respect of the injury, and

(b) the death occurred after the expiration of the time limit that would have applied but for that section (disregarding the possibility of that time limit being overridden under section 33).”

(4) In section 14B(1) (overriding time limit for negligence actions) after “section 11” insert “or 11ZA”.

Commencement Information

I25 S. 96 in force at 29.6.2026, see s. 255(3)(b)

Chapter 4 U.K. Other provision about sexual offences

Guidance about disclosure of information U.K.

97 Guidance about disclosure of information by police for purpose of preventing sex offending U.K.

(1) The Secretary of State may from time to time—

(a) issue guidance to chief officers about the disclosure of police information for the purpose of preventing the commission of relevant sexual offences;

(b) revise any guidance issued under this section.

(2) A chief officer must have regard to any guidance issued under this section.

(3) Subsections (1) and (2) do not apply in relation to functions of the Chief Constable of the British Transport Police in relation to Scotland.

(4) Before issuing or revising guidance under this section, the Secretary of State must consult—

(a) the National Police Chiefs’ Council, and

(b) such other persons as the Secretary of State considers appropriate.

(5) Subsection (4) does not apply to revisions if the Secretary of State considers that they are not substantial.

(6) The Secretary of State must publish any guidance or revisions issued under this section.

(7) In this section—

• “chief officer” means—

  (a)

  the chief officer of police of a police force maintained by a local policing body,

  (b)

  the Chief Constable of the British Transport Police Force, or

  (c)

  the chief constable of the Ministry of Defence Police;

• “police information” means, in relation to a chief officer, information held by the police force in question;

• “relevant sexual offence” means an offence listed in Schedule 3 to the Sexual Offences Act 2003.

(8) In construing the reference in subsection (7) to an offence listed in Schedule 3 to the Sexual Offences Act 2003, disregard any condition subject to which an offence is so listed that relates to—

(a) the way in which the defendant is dealt with in respect of the offence or a relevant finding (as defined by section 132(9) of that Act), or

(b) the age of any person.

Commencement Information

I26 S. 97 not in force at Royal Assent, see s. 255(1)

I27 S. 97 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(g)

Intimate images etc U.K.

98 Offences relating to semen-defaced images, intimate photographs or films and voyeurism E+W

Schedule 13 makes provision in connection with offences relating to semen-defaced images, intimate photographs or films and voyeurism.

Commencement Information

I28 S. 98 not in force at Royal Assent, see s. 255(1)

I29 S. 98 in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(h)

99 Purported intimate image generators U.K.

(1) The Sexual Offences Act 2003 is amended as follows.

(2) After section 66H insert—

“66I Making or supplying purported intimate image generators

(1) A person commits an offence if the person—

(a) makes or adapts a thing, or

(b) supplies or offers to supply a thing,

for use as a generator of purported intimate images.

(2) A “generator of purported intimate images” is a thing for creating, or facilitating the creation of, purported intimate images of a person.

(3) A person makes, adapts, supplies, or offers to supply a thing for use as a generator of purported intimate images if a reasonable person (having regard to all the circumstances) would consider that they do so.

(4) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to prevent the thing being used for creating, or facilitating the creation of, purported intimate images of a person without the person’s consent.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine (or both).

(6) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under this section as if references to a United Kingdom national included—

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) an unincorporated association formed under the law of any part of the United Kingdom.

(7) In this section—

• “purported intimate image” of a person, and references to creating a purported intimate image of a person, have the same meaning as in section 66E;

• “thing” includes a program, information in electronic form and a service.

66J Section 66I: further defences

(1) It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.

(2) It is a defence for a person charged with an offence under section 66I to prove that the person—

(a) was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and

(b) did the act which constituted the offence for the purposes of the exercise of any function of the security body.

(3) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994.

(4) It is a defence for a person charged with an offence under section 66I to prove that the person—

(a) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and

(b) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.

(5) In subsection (4)—

(a) “OFCOM” means the Office of Communications;

(b) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023.

66K Section 66I: application to internet service providers

(1) An internet service provider does not commit an offence under section 66I by—

(a) providing access to a communication network, or

(b) transmitting, in a communication network, information provided by a user, if the provider does not—

(i) initiate the transmission,

(ii) select the recipient of the transmission, or

(iii) select or modify the information contained in the transmission.

(2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a) is automatic, intermediate and transient,

(b) is solely for the purpose of carrying out the transmission in the network, and

(c) is for no longer than is reasonably necessary for the transmission.

(3) An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if—

(a) the storage of the information—

(i) is automatic, intermediate and temporary, and

(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b) the internet service provider—

(i) does not modify the information,

(ii) complies with any conditions attached to having access to the information, and

(iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it.

(4) The matters within this subsection are that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(5) An internet service provider does not commit an offence under section 66I by storing information provided by a user who is not acting under the authority or control of the provider if—

(a) when the information was provided the provider did not know that it was, or contained, a generator of purported intimate images, and

(b) on knowing that the information was, or contained, a generator of purported intimate images, the provider promptly removed the information or disabled access to it.

(6) In this section—

• “generator of purported intimate images” has the same meaning as in section 66I;

• “internet service provider” means a provider of—

  (a)

  a service that is made available by means of the internet, or

  (b)

  a service that provides access to the internet;

• “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

66L Liability for offence under section 66I committed by bodies

(1) This section applies where an offence under section 66I is committed by a body.

(2) If the offence is committed with the consent or connivance of—

(a) a relevant person in relation to the body, or

(b) a person purporting to act in the capacity of a relevant person in relation to the body,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In this section—

• “body” means a body corporate, a partnership or an unincorporated association other than a partnership;

• “relevant person”, in relation to a body, means—

  (a)

  in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

  (b)

  in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

  (c)

  in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

  (d)

  in the case of any other partnership, a partner;

  (e)

  in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.”

(3) In section 79(5) (meaning of references to image of a person), for “and 66G” substitute “, 66G and 66I”.

(4) In paragraph 1 of Schedule 2 (sexual offences for purposes of section 72), after paragraph (c) insert—

“(ca) an offence under section 66I;”.

(5) In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33B insert—

“33C An offence under section 66I of this Act (purported intimate image generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.”

Commencement Information

I30 S. 99 not in force at Royal Assent, see s. 255(1)

I31 S. 99 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(i)

100 Taking down intimate image content U.K.

(1) The Online Safety Act 2023 is amended as follows.

(2) In section 10 (regulated user-to-user services: safety duties about illegal content) after subsection (3) insert—

“(3A) A duty to operate a service using proportionate systems and processes designed to take down—

(a) content in relation to which an intimate image content report is made to the provider (see section 20A(2)), and

(b) any other content identified by the provider as the same, or substantially the same, as that content,

as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies).

(3B) This subsection applies if the provider considers that—

(a) the content is not intimate image content, or

(b) the person making the report is not—

(i) the subject of the content, or

(ii) a person acting on that person’s behalf.”

(3) After section 20 (duty about content reporting) insert—

“20A Reporting of intimate image content

(1) The duty in section 20(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate image content report to the provider.

(2) An “intimate image content report” is a report which—

(a) declares that content present on the service is intimate image content,

(b) declares that the report is made by—

(i) the subject of the content, or

(ii) a person acting on that person’s behalf,

(c) declares that the report—

(i) is made in good faith, and

(ii) to the best of the knowledge and belief of the person making the report, is true,

(d) provides sufficient information about the content for the provider to identify it,

(e) provides contact details for the person making the report, and

(f) complies with any other requirements specified in regulations made by the Secretary of State.

(3) The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met.”

(4) In section 21 (duties about complaints procedures) after subsection (2) insert—

“(2A) The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that—

(a) are made by users or affected persons who have made an intimate image content report (see section 20A(2)), and

(b) are about the content to which the report relates.”

(5) In section 27 (regulated search services: safety duties about illegal content) after subsection (3) insert—

“(3A) A duty to operate a service using proportionate systems and processes designed to ensure that individuals are no longer able to encounter—

(a) search content in relation to which an intimate image content report is made to the provider (see section 31A(2)), and

(b) any other search content identified by the provider as the same, or substantially the same, as that content,

as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies).

(3B) This subsection applies if the provider considers that—

(a) the search content is not intimate image content, or

(b) the person making the report is not—

(i) the subject of the content, or

(ii) a person acting on that person’s behalf.”

(6) After section 31 (duty about content reporting) insert—

“31A Reporting of intimate image content

(1) The duty in section 31(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate image content report to the provider.

(2) An “intimate image content report” is a report which—

(a) declares that search content is intimate image content,

(b) declares that the report is made by—

(i) the subject of the content, or

(ii) a person acting on that person’s behalf,

(c) declares that the report—

(i) is made in good faith, and

(ii) to the best of the knowledge and belief of the person making the report, is true,

(d) provides sufficient information about the search content for the provider to identify it,

(e) provides contact details for the person making the report, and

(f) complies with any other requirements specified in regulations made by the Secretary of State.

(3) The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met.”

(7) In section 32 (duties about complaints procedures) after subsection (2) insert—

“(2A) The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that—

(a) are made by users or affected persons who have made an intimate image content report (see section 31A(2)), and

(b) are about the search content to which the report relates.”

(8) In section 59 (meaning of “illegal content” etc) after subsection (10) insert—

“(10A) “Intimate image content” means content that amounts to an offence under section 66B(1), (2) or (3) of the Sexual Offences Act 2003 (sharing intimate image of a person without consent).”

(9) In section 133 (confirmation decisions: requirements to take steps)—

(a) in subsection (4) after paragraph (c) insert—

“(ca) specify which of those requirements (if any) have been designated as intimate image content requirements (see subsections (7A) and (7B)),”;

(b) after subsection (7) insert—

“(7A) If the condition in subsection (7B) is met in relation to a requirement imposed by a confirmation decision which is of a kind described in subsection (1), OFCOM must designate the requirement as an “intimate image content requirement” for the purposes of section 138(3A) (offence of failure to comply with confirmation decision).

(7B) The condition referred to in subsection (7A) is that the requirement is imposed (whether or not exclusively) in relation to—

(a) a failure to comply with a provision listed in column 1 of the table, which

(b) where there is an entry for the provision in column 2 of the table, is in respect of a matter listed in column 2.

Provision	Failure in respect of
Section 10(2)(a)	(1) Intimate image content (2) Priority illegal content which includes intimate image content
Section 10(2)(b)	(1) An offence under section 66B of the Sexual Offences Act 2003 (2) Priority offences which include an offence under that section
Section 10(3)(a)	(1) Intimate image content (2) Priority illegal content which includes intimate image content
Section 10(3)(b)	(1) Intimate image content (2) Illegal content which includes intimate image content
Section 10(3A)
Section 27(3)(a)	(1) Intimate image content (2) Priority illegal content which includes intimate image content
Section 27(3)(b)	(1) Intimate image content (2) Illegal content which includes intimate image content
Section 27(3A)”;

(c) in subsection (10) after ““CSEA content”,” insert ““intimate image content”,”.

(10) In section 138 (offence of failing to comply with requirements imposed by confirmation decision) after subsection (3) insert—

“(3A) A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with an intimate image content requirement imposed by the decision (see section 133(7A) and (7B)).”

Commencement Information

I32 S. 100 not in force at Royal Assent, see s. 255(1)

I33 S. 100 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(j)

101 Taking down intimate image content: consequential amendments U.K.

(1) The Online Safety Act 2023 is amended as follows.

(2) In section 10 (regulated user-to-user services: safety duties about illegal content)—

(a) in subsection (4) for “and (3)” substitute “to (3A)”;

(b) in subsection (5)—

(i) the words from “each paragraph” to the end become paragraph (a);

(ii) at the end of that paragraph insert “, and

(b) subsection (3A).”;

(c) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”.

(3) In section 23(5) (record-keeping and review duties) for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”.

(4) In section 27 (regulated search services: safety duties about illegal content)—

(a) in subsection (4) for “and (3)” substitute “to (3A)”;

(b) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”.

(5) In section 34(5) (record-keeping and review duties), for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”.

(6) In section 59(14) (meaning of “illegal content” etc) for “and “priority illegal content”” substitute “, “priority illegal content” and “intimate image content””.

(7) In section 71(2)(a)(i) (duty not to take down content except in accordance with terms of service: exceptions) for “or (3)” substitute “, (3) or (3A)”.

(8) In section 136(5) (confirmation decisions: proactive technology)—

(a) in paragraph (a) for “or (3)” substitute “, (3) or (3A)”;

(b) in paragraph (c) for “or (3)” substitute “, (3) or (3A)”.

(9) In section 237 (index of defined terms) at the appropriate place insert—

“intimate image content (in Part 3)

section 59”.

(10) In Schedule 4 (codes of practice)—

(a) in paragraph 9(1) for “or (3)” substitute “, (3) or (3A)”;

(b) in paragraph 9(3) for “or (3)” substitute “, (3) or (3A)”;

(c) in paragraph 13(3)(a) for “or (3)” substitute “, (3) or (3A)”;

(d) in paragraph 13(3)(c) for “or (3)” substitute “, (3) or (3A)”.

Commencement Information

I34 S. 101 not in force at Royal Assent, see s. 255(1)

I35 S. 101 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(j)

Prospective

102 Image deletion orders E+W

(1) The Sentencing Code is amended as follows.

(2) In Part 7 (financial orders and orders relating to property), after Chapter 4 insert—

“Chapter 4A E+W Image deletion orders

161ZA Image deletion orders

(1) In this code “image deletion order” means an order under this Chapter which—

(a) is made in respect of an offender for an offence,

(b) relates to a photograph or film which is in the offender’s possession or under their control, and

(c) requires the offender to take steps specified in the order to ensure, so far as is reasonably practicable, that the photograph or film is put beyond use.

(2) For the purposes of subsection (1)(c), a photograph or film is put beyond use if—

(a) in the case of a physical item, it is destroyed;

(b) in the case of data stored by any means by or on behalf of the offender, it is deleted;

(c) in the case of content on an internet service, it is removed from the service or permanently hidden.

(3) For the purposes of this section—

(a) something is “deleted” if it is irrecoverable;

(b) “content”, in relation to an internet service, has the meaning given by section 236(1) of the Online Safety Act 2023;

(c) “internet service” has the meaning given by section 228 of that Act (and section 204(1) of that Act applies).

161ZB Image deletion orders: availability

(1) This section applies where a person commits an offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 66AA (sharing semen-defaced image);

(b) section 66AB (taking or recording intimate photograph or film);

(c) section 66AE (creating a copy of intimate photograph or film shared temporarily);

(d) section 66B (sharing or threatening to share intimate photograph or film);

(e) section 66E (creating purported intimate image of adult);

(f) section 66F (requesting the creation of purported intimate image of adult);

(g) section 67A(2B) (recording a person breast-feeding child).

(2) This section also applies where a person commits an inchoate offence in relation to an offence specified in subsection (1).

(3) The court by or before which the offender is convicted of the offence may make an image deletion order in respect of—

(a) a photograph or film to which the offence relates, and

(b) any other photograph or film—

(i) which shows, or appears to show, a person who is the subject of the photograph or film to which the offence relates in an intimate state,

(ii) which is a semen-defaced image of a person who is the subject of the photograph or film to which the offence relates, or

(iii) which shows a person who is the subject of the photograph or film to which the offence relates breast-feeding a child.

(4) The following provisions of the Sexual Offences Act 2003 apply for the purposes of this section—

(a) section 66AA(2) (meaning of “semen-defaced image”);

(b) section 66D(5) to (9) (meaning of “showing, or appearing to show, another person in an intimate state”);

(c) section 67A(3A) and (3B) (meaning of references to a person breast-feeding a child), ignoring references to the intention of the person who recorded the photograph or film.

(5) In relation to an offence under section 66F of the Sexual Offences Act 2003, a photograph or film is a photograph or film to which the offence relates for the purposes of this section if—

(a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and

(b) it was in the offender’s possession, or under the offender’s control, as a result of that request.

(6) An image deletion order is not available if the offence was committed before the day on which section 102 of the Crime and Policing Act 2026 comes into force.

161ZC Period for complying with requirements

(1) An image deletion order must specify, in respect of each step the order requires the offender to take, the date by which the step must be taken (and different dates may be specified in respect of different steps).

(2) Where the order requires the offender to take a step in relation to a photograph or film that would result in the offender being unable to recover the photograph or film—

(a) the order must not require the step to be taken before the end of the period for giving notice of appeal against the conviction or order, and

(b) where notice of appeal against the conviction or order is given, the offender is not required to take the step until the appeal is finally determined or withdrawn.

161ZD Offence of failing to comply with an image deletion order

(1) It is an offence for a person in respect of whom an image deletion order made under this Chapter is in force to fail without reasonable excuse to comply with any requirement included in the order.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both.

161ZE Image deletion orders: interpretation

(1) This section applies for the purposes of this Chapter.

(2) “Photograph” includes the negative as well as the positive version.

(3) “Film” means a moving image.

(4) References to a photograph or film also include—

(a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,

(b) a copy of a photograph, film or image within paragraph (a), and

(c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).”

(3) In Chapter 5 of Part 3 (duties to explain or give reasons), after section 55 insert—

“55A Duty to give reasons where image deletion order not made

Where—

(a) a court is dealing with an offender for an offence, and

(b) an image deletion order is available,

the court must give reasons if it does not make an image deletion order in respect of a photograph or film to which the offence relates (see section 161ZB(3)(a)).”

Commencement Information

I36 S. 102 not in force at Royal Assent, see s. 255(1)

103 Intimate image material: reporting and registration U.K.

Schedule 14 makes provision about the reporting and registration of intimate image material.

Commencement Information

I37 S. 103 not in force at Royal Assent, see s. 255(1)

I38 S. 103 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(k)

Pornography U.K.

Prospective

104 Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland U.K.

(1) After section 67 of the Criminal Justice and Immigration Act 2008 insert—

“67A Possession or publication of pornographic images of strangulation or suffocation

(1) It is an offence for a person to be in possession of an image if—

(a) the image is pornographic, within the meaning of section 63,

(b) the image portrays, in an explicit and realistic way, a person strangling or suffocating another person, and

(c) a reasonable person looking at the image would think that the persons were real.

(2) It is an offence for a person to publish an image of the kind mentioned in subsection (1).

(3) Publishing an image includes giving or making it available to another person by any means.

(4) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 64.

(5) In this section “image” has the same meaning as in section 63.

(6) Proceedings for an offence under this section may not be instituted—

(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

67B Defences to offences under section 67A

(1) Where a person is charged with an offence under section 67A(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).

(2) The matters are—

(a) that the person had a legitimate reason for being in possession of the image concerned;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1);

(c) that the person—

(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii) did not keep it for an unreasonable time;

(d) that the person directly participated in the act portrayed and the act did not involve the infliction of any non-consensual harm on any person.

(3) Where a person is charged with an offence under section 67A(2), it is a defence for the person to prove any of the matters mentioned in subsection (4).

(4) The matters are—

(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1);

(c) that the person directly participated in the act portrayed, the act did not involve the infliction of any non-consensual harm on any person, and the person only published the image to other persons who directly participated.

(5) In this section “non-consensual harm” has the same meaning as in section 66.

67C Penalties for offences under section 67A

(1) A person who commits an offence under section 67A(1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine (or both);

(c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding two years or a fine (or both).

(2) A person who commits an offence under section 67A(2) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine (or both);

(c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding five years or a fine (or both).

67D Possession of extreme pornographic images: alternative verdict in magistrates’ court

If on the trial of a person charged with an offence under section 63 a magistrates’ court finds the person not guilty of the offence charged, the magistrates’ court may find the person guilty of an offence under section 67A(1).”

(2) In section 68 of that Act (special rules relating to providers of information society services) for “section 63” substitute “sections 63, 67A”.

(3) In Schedule 14 to that Act (special rules relating to providers of information society services)—

(a) in paragraphs 3(1), 4(2) and 5(1) after “63” insert “, 67A”;

(b) in paragraph 5(2)—

(i) after “possession” insert “or publication”;

(ii) for “an offence under section 63” substitute “the offence in question”.

(4) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for purposes of section 327A), after paragraph 13 insert—

“13ZA An offence under section 67A of that Act (possession or publication of pornographic images of strangulation or suffocation) in relation to an image showing a person under 18.”

(5) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29—

(a) for “section 63” substitute “any of the following provisions”;

(b) for the words in brackets substitute “—

(a) section 63 (possession of extreme pornographic images);

(b) section 67A (possession or publication of pornographic images of strangulation or suffocation)”.

Commencement Information

I39 S. 104 not in force at Royal Assent, see s. 255(1)(8)(h)

Prospective

105 Pornographic images of strangulation or suffocation: Scotland S

(1) After section 51C of the Civic Government (Scotland) Act 1982 insert—

“51D Pornographic images of strangulation or suffocation

(1) It is an offence for a person to be in possession of an image if—

(a) the image is pornographic, within the meaning of section 51A,

(b) the image depicts, in an explicit and realistic way, a person strangling or suffocating another person, and

(c) a reasonable person looking at the image would think that the persons were real.

(2) It is an offence for a person to publish an image of the kind mentioned in subsection (1).

(3) Publishing an image includes giving or making it available to another person by any means.

(4) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 51B.

(5) In this section “image” is to be construed in accordance with section 51A.

51E Defences to offences under section 51D

(1) Where a person is charged with an offence under section 51D(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).

(2) The matters are—

(a) that the person had a legitimate reason for being in possession of the image concerned;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 51D(1);

(c) that the person—

(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii) did not keep it for an unreasonable time;

(d) that the person directly participated in the act depicted and the act did not actually involve strangulation or suffocation of any person.

(3) Where a person is charged with an offence under section 51D(2), it is a defence for the person to prove any of the matters mentioned in subsection (4).

(4) The matters are—

(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 51D(1);

(c) that the person directly participated in the act depicted, the act did not actually involve strangulation or suffocation of any person, and the person only published the image to other persons who directly participated.

51F Penalties for offences under section 51D

(1) A person who commits an offence under section 51D(1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(2) A person who commits an offence under section 51D(2) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

51G Possession of extreme pornographic images: alternative verdict

If on the trial of a person charged with an offence under section 51A a court finds the person not guilty of the offence charged, the court may find the person guilty of an offence under section 51D(1).”

(2) In the Extreme Pornography (Electronic Commerce Directive) (Scotland) Regulations 2011 (S.S.I. 2011/137)—

(a) in regulation 2(1), in the definition of “relevant offence”—

(i) after “51A” insert “(extreme pornography) or 51D (pornographic images of strangulation or suffocation)”;

(ii) after “Act” omit “(extreme pornography)”;

(b) in regulation 3(1) and (3) for “a relevant offence” substitute “an offence under section 51A of the 1982 Act”;

(c) in regulation 6(2)—

(i) after “possession” insert “or publication”;

(ii) for “a relevant offence” substitute “the relevant offence in question”.

Commencement Information

I40 S. 105 not in force at Royal Assent, see s. 255(10)(e)

Prospective

106 Pornographic images of sex between relatives U.K.

(1) After section 67D of the Criminal Justice and Immigration Act 2008 (inserted by section 104 of this Act) insert—

“67E Possession or publication of pornographic images of sex between relatives

(1) It is an offence for a person (P) to be in possession of an image if—

(a) the image is pornographic, within the meaning of section 63,

(b) the image portrays, in an explicit and realistic way, a person (A) sexually penetrating—

(i) the vagina or anus of another person (B) with a part of A’s body or anything else, or

(ii) B’s mouth with A’s penis,

(c) a reasonable person looking at the image would think that A and B were real, and

(d) a reasonable person—

(i) looking at the image, and

(ii) taking into account any sound or information associated with the image,

would think what is set out in subsection (2) or (3).

(2) That A and B were related, or pretending to be related, such that A was related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.

(3) That—

(a) A and B were related or had been related, or were pretending to be related or to have been related, such that A was or had been related to B as step-parent, step-child, stepbrother, stepsister, foster parent or foster child, and

(b) at least one of A and B was, or was pretending to be, under 18.

(4) It is an offence for a person to publish an image of the kind mentioned in subsection (1).

(5) Publishing an image includes giving or making it available to another person by any means.

(6) For the purpose of subsection (1)(d) the reference to sound or information associated with the image is—

(a) when subsection (1)(d) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and

(b) when subsection (1)(d) applies for the purpose of an offence under subsection (4), to sound, or information, associated with the image that the person in subsection (4) publishes with the image.

(7) For the purpose of subsections (2) and (3), A and B are not to be taken as pretending to be related if it is fanciful that they actually were or had been related in the way pretended.

(8) In subsection (2)—

(a) “parent” includes an adoptive parent;

(b) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;

(c) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;

(d) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.

(9) In subsection (3), “step-parent”, “stepbrother”, “stepsister” and “foster parent” have the meanings given by section 27(5) of the Sexual Offences Act 2003; and “step-child” and “foster child” have corresponding meanings.

(10) For the purpose of this section—

(a) “image” has the same meaning as in section 63;

(b) penetration is a continuing act from entry to withdrawal;

(c) “vagina” includes vulva;

(d) references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).

(11) Subsections (1) and (4) do not apply to excluded images, within the meaning of section 64.

(12) Nothing in—

(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (8)(a) or (b).

(13) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions.

67F Defences to offence under section 67E

(1) Where a person is charged with an offence under section 67E(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).

(2) The matters are—

(a) that the person had a legitimate reason for being in possession of the image concerned;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1);

(c) that the person—

(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii) did not keep it for an unreasonable time;

(d) that—

(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),

(ii) the act did not involve the infliction of any non-consensual harm on any person, and

(iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(2) or (3).

(3) Where a person is charged with an offence under section 67E(4), it is a defence for a person to prove any of the matters mentioned in subsection (4).

(4) The matters are—

(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1);

(c) that—

(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),

(ii) the act did not involve the infliction of any non-consensual harm on any person,

(iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(2) or (3), and

(iv) the person only published the image to person B or A (as the case may be).

(5) In this section, “non-consensual harm” has the same meaning as in section 66.

67G Penalties for offences under section 67E

(1) A person who commits an offence under section 67E(1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(2) A person who commits an offence under section 67E(4) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).”

(2) In section 68 of that Act (special rules relating to providers of information society services), after “67A” (inserted by section 104 of this Act) insert “, 67E”.

(3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67A” (inserted by section 104 of this Act) insert “, 67E ”.

(4) In section 47(1) of the Adoption Act 1976, for “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)” substitute “sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative), or section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives)”.

(5) In section 74(1) of the Adoption and Children Act 2002—

(a) omit the “or” after paragraph (a);

(b) after paragraph (b) insert “, or

(c) section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives).”

(6) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZA (inserted by section 104 of this Act) insert—

“13ZB An offence under section 67E of that Act (possession or publication of pornographic images of sex between relatives) in relation to an image showing a person under 18.”

(7) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29, after paragraph (b) (inserted by section 104 of this Act) insert “;

(c) section 67E (possession or publication of pornographic images of sex between relatives);”.

Commencement Information

I41 S. 106 not in force at Royal Assent, see s. 255(1)

Prospective

107 Pornographic images of sexual activity with child under 16 U.K.

(1) After section 67G of the Criminal Justice and Immigration Act 2008 insert—

“67H Possession or publication of pornographic images of sexual activity with child under 16

(1) It is an offence for a person (P) to be in possession of an image if—

(a) the image is pornographic, within the meaning of section 63, and

(b) a reasonable person—

(i) looking at the image, and

(ii) taking into account any sound or information associated with the image,

would think that each of the conditions in subsection (2) was met.

(2) The conditions are—

(a) the image portrays, in an explicit and realistic way, a person (A) engaged in sexual activity with another person (B),

(b) A and B are real, and

(c) at least one of A or B is, or is pretending to be, under 16.

(3) A person is not to be taken as pretending to be under 16 if it is fanciful that they are actually under 16 in the way pretended.

(4) It is an offence for a person to publish an image of the kind mentioned in subsection (1).

(5) Publishing an image includes giving or making it available to another person by any means.

(6) For the purposes of subsection (1)(b) the reference to sound or information associated with the image is—

(a) when subsection (1)(b) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and

(b) when subsection (1)(b) applies for the purpose of an offence under subsection (4), to sound, or information, associated with the image that the person in subsection (4) publishes with the image.

(7) In this section “image” has the same meaning as in section 63.

(8) Subsections (1) and (4) do not apply to excluded images, within the meaning of section 64.

(9) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions.

67I Defences to offences under section 67H

(1) Where a person is charged with an offence under section 67H(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).

(2) The matters are—

(a) that the person had a legitimate reason for being in possession of the image concerned;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67H(1);

(c) that the person—

(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii) did not keep it for an unreasonable time;

(d) that—

(i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(2)(a),

(ii) the act did not involve the infliction of any non-consensual harm on any person, and

(iii) neither A nor B was under 16.

(3) Where a person is charged with an offence under section 67H(4), it is a defence for the person to prove any of the matters mentioned in subsection (4).

(4) The matters are—

(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;

(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67H(1);

(c) that—

(i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(2)(a),

(ii) the act did not involve the infliction of any non-consensual harm on any person,

(iii) neither A nor B was under 16, and

(iv) the person only published the image to person B or A (as the case may be).

(5) In this section “non-consensual harm” has the same meaning as in section 66.

67J Penalties for offences under section 67H

(1) A person who commits an offence under section 67H(1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding three years or a fine (or both).

(2) A person who commits an offence under section 67H(4) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).”

(2) In section 68 of that Act (special rules relating to providers of information society services), after “67E” insert “and 67H”.

(3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67E” insert “or 67H”.

(4) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZB insert—

“13ZC An offence under section 67H of that Act (possession or publication of pornographic images of sexual activity with child under 16) in relation to an image showing a person under 18.”

(5) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29 after paragraph (c) insert—

“(d) section 67H (possession or publication of pornographic images of sexual activity with child under 16).”

Commencement Information

I42 S. 107 not in force at Royal Assent, see s. 255(1)

108 Online pornography (age and consent verification): duty to review and report U.K.

(1) The Secretary of State must conduct a review of the role of providers of internet services in—

(a) verifying the age of individuals appearing in pornographic content published or displayed on their services;

(b) verifying whether individuals appearing in pornographic content published or displayed on their services consent to the content being published or displayed.

(2) The Secretary of State must lay before Parliament, and publish, a report of the review.

(3) The Secretary of State must comply with subsections (1) and (2) before the end of the 12 month period beginning with the day on which this Act is passed.

(4) In this section the following terms have the same meaning as in the Online Safety Act 2023—

• “internet service” (see section 228 of that Act);

• “pornographic content” (see section 236 of that Act);

• “provider”, in relation to an internet service of any kind (see section 226 of that Act).

Commencement Information

I43 S. 108 in force at 29.6.2026, see s. 255(3)(c)

109 Online pornography (age and consent verification): power to amend Online Safety Act 2023 U.K.

(1) The Online Safety Act 2023 is amended as follows.

(2) After section 217 insert—

“Power to amend Act: pornographic content U.K.

217A Power to impose duties about pornographic content

(1) The Secretary of State may by regulations amend this Act for or in connection with the imposition, on providers of regulated services or regulated services of a particular kind, of duties relating to—

(a) verifying the age of individuals appearing in pornographic content published or displayed on those regulated services (“age verification duties”);

(b) verifying whether individuals appearing in pornographic content published or displayed on those regulated services consent to the content being published or displayed (“consent verification duties”).

(2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate regulated services, or regulated services of a particular kind.

(3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn.

(4) Regulations under this section may make provision requiring OFCOM to issue guidance to providers of regulated services, or regulated services of a particular kind, to assist them to comply with age verification duties and consent verification duties.

(5) The provisions of this Act that may be amended by the regulations in connection with the imposition of age verification duties and consent verification duties include, but are not limited to, section 131(2).”

(3) In section 225(1) (regulations subject to affirmative procedure) after paragraph (g) insert—

“(ga) regulations under section 217A,”.

Commencement Information

I44 S. 109 in force at 29.6.2026, see s. 255(3)(c)

110 Online pornography (age and consent verification): power to make regulations U.K.

(1) The Secretary of State may by regulations make provision for or in connection with the imposition on providers of specified internet services of duties relating to—

(a) verifying the age of individuals appearing in pornographic content published or displayed on those internet services (“age verification duties”);

(b) verifying whether individuals appearing in pornographic content published or displayed on those internet services consent to the content being published or displayed (“consent verification duties”).

(2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate specified internet services.

(3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn.

(4) The regulations may confer functions on—

(a) a body established by the regulations, or

(b) another body specified in the regulations,

(“the regulator”).

(5) The regulations may make provision—

(a) establishing or modifying the constitutional arrangements of the regulator;

(b) establishing or modifying the funding arrangements of the regulator.

(6) The functions which may be conferred on the regulator include—

(a) powers to, by notice, require providers of specified internet services to provide information to the regulator;

(b) powers, in relation to requirements imposed by or under the regulations, corresponding or similar to those conferred on OFCOM by or under Chapter 6 of Part 7 of the Online Safety Act 2023 in relation to enforceable requirements, including provisions conferring power to impose monetary penalties.

(7) The provision which may be made under subsection (6)(a) includes provision corresponding or similar to that made in relation to requirements to provide information to OFCOM by—

(a) section 109 of the Online Safety Act 2023 (offences in connection with information notices), and

(b) section 113 of that Act so far as relating to section 109 (penalties for information offences).

(8) If the regulations make provision under subsection (6)(b) corresponding or similar to provision in relation to which an appeal lies under section 168 of the Online Safety Act 2023, they must make corresponding or similar provision for an appeal.

(9) The regulations may make provision for appeals against other decisions of the regulator.

(10) The regulations may make provision requiring providers of specified internet services to pay fees to the regulator.

(11) The provision which may be made under subsection (10) includes provision corresponding or similar to that made in relation to the payment of fees to OFCOM by or under Part 6 of the Online Safety Act 2023.

(12) The regulations may make provision requiring the regulator to issue guidance to providers of specified internet services to assist them to comply with age verification duties and consent verification duties.

(13) References in this section to an internet service include an internet service provided from outside the United Kingdom—

(a) which has a significant number of United Kingdom users, or

(b) one of the target markets of which (or the only target market of which) is United Kingdom users.

(14) In this section the following terms have the same meaning as in the Online Safety Act 2023—

• “internet service” (see section 228 of that Act);

• “pornographic content” (see section 236 of that Act);

• “provider”, in relation to an internet service of any kind (see section 226 of that Act);

• “United Kingdom user” (see section 227 of that Act).

(15) In this section “specified” means specified, or of a description specified, in the regulations.

Commencement Information

I45 S. 110 in force at 29.6.2026, see s. 255(3)(c)

Obscenity etc offences: technology testing defence U.K.

111 Obscenity etc offences: technology testing defence U.K.

(1) The Secretary of State may by regulations provide defences to relevant offences for persons who are authorised by the Secretary of State to carry out technology testing activities.

(2) “Technology testing activities” means activities which are carried out in the course of, or in connection with, testing technology for the purposes of—

(a) investigating whether it may have been made or adapted for use for creating, or facilitating the creation of, prohibited material, or

(b) testing whether it may be used to create, or facilitate the creation of, prohibited material.

(3) “Prohibited material” means anything in relation to which a relevant offence may be committed.

(4) The regulations may make provision about authorisations by the Secretary of State to carry out technology testing activities, including provision—

(a) for authorisations to be subject to conditions (which may be specified in the regulations or determined by the Secretary of State);

(b) for the variation, suspension, or withdrawal of authorisations and conditions;

(c) for the enforcement of any breaches of conditions (which may include provision creating criminal offences punishable with a fine);

(d) for fees to be payable to the Secretary of State, as a means of recovering costs incurred by the Secretary of State in exercising functions under the regulations.

(5) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(6) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—

(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Commencement Information

I46 S. 111 in force at 29.6.2026, see s. 255(3)(c)

112 Technology testing defence: meaning of “relevant offence” U.K.

(1) For the purposes of section 111 “relevant offence” means—

(a) an offence listed in subsection (2),

(b) an offence listed in subsection (3) (Scotland), and

(c) an offence listed in subsection (4) (Northern Ireland).

(2) The offences referred to in subsection (1)(a)are offences under any of the following provisions—

Act	Provision
Obscene Publications Act 1959	Section 2 (publication of obscene article)
Protection of Children Act 1978	Section 1(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice Act 1988	Section 160(1) (indecent photographs of children)
Communications Act 2003	Section 127(1) (sending indecent messages via public electronic communications network)
Sexual Offences Act 2003	Section 46A (child sexual abuse image-generators)
	Section 66B(1) (sharing intimate photograph or film)
	Section 66E(1) (creating purported intimate image of adult)
	Section 66F(1) or (2) (requesting creation of purported intimate image of adult)
Criminal Justice and Immigration Act 2008	Section 63 (possession of extreme pornographic images), as it has effect under the law of England and Wales
	Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of England and Wales
Coroners and Justice Act 2009	Section 62 (possession of prohibited images of children), as it has effect under the law of England and Wales
Serious Crime Act 2015	Section 69 (possession of paedophile manual), as it has effect under the law of England and Wales

(3) The offences referred to in subsection (1)(b) are offences under any of the following provisions—

Act	Provision
Civic Government (Scotland) Act 1982	Section 51 (obscene material)
	Section 51A (extreme pornography)
	Section 51D (pornographic images of strangulation or suffocation)
	Section 52(1)(a), (b) or (c) (indecent photographs of children)
	Section 52A (indecent photographs of children)
	Section 52D (child sexual abuse image- generators)
Sexual Offences (Scotland) Act 2009	Section 41A (possession of advice or guidance about abusing children sexually or creating CSA images)
Abusive Behaviour and Sexual Harm (Scotland) Act 2016	Section 2 (disclosing or threatening to disclose intimate photograph or film)

(4) The offences referred to in subsection (1)(c) are—

(a) an offence under the common law of Northern Ireland of publishing an indecent or obscene article;

(b) offences under any of the following provisions—

Act / Order	Provision
Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17))	Article 3(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))	Article 15(1) (indecent photographs of children)
Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))	Article 42A (child sexual abuse image-generators)
Criminal Justice and Immigration Act 2008	Section 63 (possession of extreme pornographic images), as it has effect under the law of Northern Ireland
	Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of Northern Ireland
Coroners and Justice Act 2009	Section 62 (possession of prohibited images of children), as it has effect under the law of Northern Ireland
Serious Crime Act 2015	Section 69 (possession of paedophile manual), as it has effect under the law of Northern Ireland

(5) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant offence”.

(6) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(7) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—

(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Commencement Information

I47 S. 112 in force at 29.6.2026, see s. 255(3)(c)

Prospective

Other sexual offences U.K.

113 Exposure E+W

In the Sexual Offences Act 2003, in section 66 (exposure), for subsection (1) substitute—

“(1) A person (A) who intentionally exposes A’s genitals commits an offence if—

(a) A intends that someone will see the genitals and be caused alarm, distress or humiliation, or

(b) A exposes the genitals for the purpose of obtaining sexual gratification and does so—

(i) with the intention that someone will see them, and

(ii) being reckless as to whether someone who sees them will be caused alarm, distress or humiliation.

(1A) But where A intends only that a particular person, or particular persons, will see A’s genitals, A does not commit an offence by virtue of paragraph (b) of subsection (1) unless A is reckless as to whether that person, or at least one of those persons, will be caused alarm, distress or humiliation.”

Commencement Information

I48 S. 113 not in force at Royal Assent, see s. 255(1)

114 Sexual activity with an animal U.K.

(1) The Sexual Offences Act 2003 is amended in accordance with subsections (2) to (5).

(2) For section 69 (intercourse with an animal) substitute—

“69 Sexual activity with an animal

(1) A person commits an offence if—

(a) the person intentionally touches an animal (whether living or dead),

(b) the person knows that, or is reckless as to whether, that is what is touched, and

(c) the touching is sexual.

(2) For the purposes of this section, touching is sexual if a reasonable person would consider that—

(a) because of its nature it may be sexual, and

(b) because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.”

(3) In section 78 (meaning of “sexual”), after “66D” insert “, 69”.

(4) In section 79 (Part 1: general interpretation) omit subsection (10).

(5) In paragraphs 35 and 92 of Schedule 3 (sexual offences that make offender subject to notification requirements), for “intercourse” substitute “sexual activity”.

(6) In the following provisions, for “intercourse” substitute “sexual activity”—

(a) paragraph 151 of Schedule 15 to the Criminal Justice Act 2003;

(b) paragraph 38(az) of Schedule 18 to the Sentencing Code.

Commencement Information

I49 S. 114 not in force at Royal Assent, see s. 255(1)

115 Sexual activity with a corpse E+W

(1) In the Sexual Offences Act 2003 for section 70 substitute—

“70 Sexual activity with a corpse

(1) A person commits an offence if—

(a) the person intentionally performs an act of touching (with a part of their body or anything else),

(b) what is touched is a part of the body of a dead person,

(c) the person knows that, or is reckless as to whether, that is what is touched, and

(d) the touching is sexual.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding—

(i) if the touching involved penetration of a part of the body mentioned in subsection (1)(b), 7 years;

(ii) otherwise, 5 years.”

(2) In consequence of the amendment made by subsection (1), in the following provisions for “sexual penetration of” substitute “sexual activity with”—

• paragraph 152 of Schedule 15 to the Criminal Justice Act 2003;

• paragraphs 35 and 92 of Schedule 3 to the Sexual Offences Act 2003;

• paragraph 33 of Schedule 4 to the Modern Slavery Act 2015;

• paragraph 38(ba) of Schedule 18 to the Sentencing Code.

Commencement Information

I50 S. 115 not in force at Royal Assent, see s. 255(1)

Prospective

Convictions and cautions for loitering or soliciting E+W

116 Disregarding convictions and cautions for loitering or soliciting when under 18 E+W

(1) Part 5 of the Protection of Freedoms Act 2012 is amended as follows.

(2) In the heading of Chapter 4, omit “for buggery etc.”

(3) For the italic heading before section 92, substitute “Sexual activity between persons of the same sex”.

(4) After section 94 insert—

“Loitering or soliciting: under 18s E+W

94A Automatic disregard of convictions or cautions for loitering or soliciting when under 18

(1) A conviction or caution is a disregarded conviction or caution if—

(a) it was for an offence under section 1 of the Street Offences Act 1959 (loitering or soliciting for the purpose of prostitution), and

(b) the offender was aged under 18 at the time of the offence.

(2) Sections 95 to 98 explain the effect of a conviction or caution being a disregarded conviction or caution.”

(5) In section 95 (effect of disregard on police and other records)—

(a) before subsection (1) insert—

“(A1) Subsections (1) to (4) apply in respect of a conviction or caution disregarded under section 92.”;

(b) after subsection (4) insert—

“(4A) A relevant data controller must delete from relevant official records, as soon as reasonably practicable, any details of which they are aware of a conviction or caution disregarded under section 94A.”

(6) In section 99 (appeal against refusal to disregard convictions or cautions)—

(a) in the heading, at the end insert “for sexual activity between persons of the same sex”;

(b) in paragraph (a), after “application” insert “made under section 92”.

(7) In section 100 (advisers)—

(a) in the heading, at the end insert “on applications under section 92”;

(b) in subsection (1), after “case” insert “under section 92”.

(8) In section 101 (interpretation)—

(a) in the definition of “disregarded caution”, after “which” insert “is or”;

(b) in the definition of “disregarded conviction”, after “which” insert “is or”.

Commencement Information

I51 S. 116 not in force at Royal Assent, see s. 255(1)

117 Pardons for convictions and cautions for loitering or soliciting when under 18 E+W

(1) The Policing and Crime Act 2017 is amended as follows.

(2) After section 165 insert—

“165A Pardons for convictions etc for loitering or soliciting when under 18: England and Wales

(1) Subsection (2) applies in respect of a person (whether living or deceased) who—

(a) was convicted of, or cautioned for, an offence under section 1 of the Street Offences Act 1959 (loitering or soliciting for the purpose of prostitution), and

(b) was aged under 18 at the time of the offence.

(2) The person is pardoned for the offence.

(3) Expressions used in this section or section 167(1) (so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act).”

(3) In section 167 (sections 164 to 166: supplementary)—

(a) in subsection (1) for “or 165” substitute “, 165, 165A”;

(b) in subsection (2) for “or 165” substitute “, 165, 165A”.

Commencement Information

I52 S. 117 not in force at Royal Assent, see s. 255(1)

Prospective

Chapter 5 U.K. Management of sex offenders

118 Notification of name change U.K.

After section 83 of the Sexual Offences Act 2003 insert—

“83A Notification requirements: name changes

(1) A relevant offender must notify a new name to the police—

(a) no less than 7 days before using it, or

(b) if that is not reasonably practicable, but it is reasonably practicable for the offender to notify the name to the police before using it, as far in advance of their using it as is reasonably practicable.

(2) Where it is not reasonably practicable for the offender to notify a new name to the police before using it, the offender must notify the name to the police—

(a) as soon as reasonably practicable after using the name, and

(b) in any event within the period of 3 days beginning with their using it.

(3) A notification under subsection (1) must specify the date on which the offender expects to use the name.

(4) Subsection (5) applies where—

(a) a notification is given under subsection (1), and

(b) the name to which it relates is used more than 2 days before the date specified in the notification.

(5) Where this subsection applies the relevant offender must notify the name to the police—

(a) as soon as reasonably practicable after using the name, and

(b) in any event within the period of 3 days beginning with their using it.

(6) Subsection (7) applies where—

(a) a notification is given under subsection (1), and

(b) the name to which it relates has not been used by the end of the period of 3 days beginning with the date specified in the notification.

(7) Where this subsection applies—

(a) subsections (1) and (2) apply as if the notification had not been given, and

(b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police that the name was not used by the end of the period mentioned in subsection (6)(b).

(8) Section 83(6) applies to the determination of the period of 3 days mentioned in subsections (2) and (5) and the period of 6 days mentioned in subsection (7), as it applies to the determination of the period in section 83(1).

(9) A notification under subsection (1), (2) or (5) must include the information set out in section 83(5).

(10) In this section, a name is “new” unless it has been notified to the police under section 83(1), this section, section 84, or section 2 of the Sex Offenders Act 1997.”

Commencement Information

I53 S. 118 not in force at Royal Assent, see s. 255(7)

119 Notification of absence from sole or main residence U.K.

(1) After section 85 of the Sexual Offences Act 2003 insert—

“85ZA Notification requirements: absence from notified residence (England, Wales and Scotland)

(1) This section applies to a relevant offender at any time if the last home address notified by the offender under section 83(1), 83A, 84(1) or 85(1) was an address in England, Wales or Scotland such as is mentioned in section 83(7)(a) (sole or main residence).

(2) If the relevant offender intends to be absent from that home address for a period of more than 5 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).

(3) The information is—

(a) the date on which the relevant offender will leave that home address;

(b) such details as the relevant offender holds about—

(i) their travel arrangements during the relevant period;

(ii) their accommodation arrangements during that period;

(iii) their date of return to that home address.

(4) In this section—

• “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation;

• “travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel.

(5) Where—

(a) a relevant offender has given a notification under subsection (2), and

(b) at any time not less than 12 hours before the offender leaves their home address, the information notified becomes inaccurate or incomplete,

the relevant offender must give a further notification under subsection (2).

(6) Where a relevant offender—

(a) has notified a date of return to their home address, but

(b) returns to their home address on a date other than that notified,

the relevant offender must notify the date of their actual return to the police within 3 days of their actual return.

(7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.

(8) The appropriate authority may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 5 days.

(9) In subsection (8) the “appropriate authority” means—

(a) in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in England or Wales such as is mentioned in section 83(7)(a), the Secretary of State;

(b) in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in Scotland such as is mentioned in section 83(7)(a), the Scottish Ministers.”

(2) In section 85A of the Sexual Offences Act 2003 (notification requirements: absence from notified residence (Northern Ireland)), after subsection (7) insert—

“(7A) The Department of Justice in Northern Ireland may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 3 days.”

Commencement Information

I54 S. 119 not in force at Royal Assent, see s. 255(7)

120 Child sex offenders: requirement to notify if entering premises where children present U.K.

After section 86 of the Sexual Offences Act 2003 insert—

“86A Notification requirements: persons required to notify if entering premises at which children present

(1) A relevant offender is subject to the requirements in section 86B if—

(a) the offender is a child sex offender, or

(b) a chief officer of police has given the offender a notice stating that the offender is subject to the requirements in section 86B, and the notice has not been cancelled.

(2) A chief officer of police may give a relevant offender a notice under subsection (1)(b) if, when the notice is given, the chief officer—

(a) is the chief officer of police for the offender’s relevant police area, and

(b) is satisfied that it is necessary to give the notice for the purpose of protecting children generally, or particular children, from sexual harm from the offender.

(3) A notice under subsection (1)(b) must indicate that an appeal may be made under section 86D against the decision to give the notice.

(4) “Child sex offender” means a person who—

(a) has been convicted of a child sex offence (see subsections (5) and (6)),

(b) has been found not guilty of such an offence by reason of insanity,

(c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d) in England or Wales or Northern Ireland, has been cautioned in respect of such an offence.

(5) An offence is a child sex offence if it is within any of the following paragraphs of Schedule 3—

(a) paragraphs 2 to 6, 9 to 16, 19 (where the offence is under section 5 or 6 of this Act), 20 to 26, 28A to 29C, or 35B to 35E (England and Wales);

(b) paragraphs 38B, 39B, 41A, 42, 44 (where it applies by virtue of paragraph 44(a)), 45, 46, 46A, 49 to 55, 57, 59A to 59C, 59O to 59ZK or 59ZM (Scotland);

(c) paragraphs 64, 65, 69 to 72, 75 to 79, 82 to 85, 87 to 89C, 92D (where the offence is under Article 12 or 13 of the Sexual Offences (Northern Ireland) Order 2008), 92E to 92OA, or 92X to 92Z (Northern Ireland);

(d) paragraph 93 or 93A (service offences), where the corresponding offence is within paragraph (a).

(6) An offence is a child sex offence if—

(a) it is within paragraph 35A, 44A or 92A of Schedule 3 and the extreme pornographic image to which the offence related was an image of a person under 18,

(b) it is within paragraph 93 or 93A of Schedule 3 (service offences) and the corresponding offence is within paragraph (a), or

(c) it is within any paragraph of Schedule 3 not within subsection (5) or paragraph (a) or (b) of this subsection, and the victim or (as the case may be) other party was a person under 18.

(7) References in this section to an offence being within a paragraph of Schedule 3 are to be read with paragraphs 94 to 98 of that Schedule.

(8) For the purposes of sections 86B to 86D—

• “section 86A notice” means a notice given to a relevant offender under subsection (1)(b);

• “section 86B relevant offender” means a relevant offender who is subject to the requirements in that section.

86B Notification requirements: entering premises at which children are present

(1) A section 86B relevant offender must notify the required information to the police no less than 12 hours before entering qualifying premises at which children are present.

(2) “The required information” means—

(a) the address of the premises,

(b) the date on which the offender is to enter the premises, and

(c) such other information as the appropriate authority may specify in regulations.

(3) “Qualifying premises” means premises of a kind specified in regulations made by the appropriate authority.

(4) The appropriate authority may by regulations provide for circumstances in which an offender who has given a notification under subsection (1) is not required to give a further notification in relation to the same premises or children.

(5) Subsection (6) applies where—

(a) a notification is given under subsection (1), and

(b) the offender has not entered the premises by the end of the date specified in the notification.

(6) Where this subsection applies—

(a) subsection (1) applies as if the notification had not been given, and

(b) the relevant offender must, within the period of 6 days beginning with the date specified in the notification, notify to the police that the offender did not enter the premises on that date.

(7) Section 83(6) applies to the period of 6 days mentioned in subsection (6)(b) as it applies to the determination of the period mentioned in section 83(1).

(8) In this section the “appropriate authority” means—

(a) in relation to an offender whose relevant police area is a police area in England and Wales, the Secretary of State;

(b) in relation to an offender whose relevant police area is Scotland, the Scottish Ministers;

(c) in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland.

86C Periodic reviews of section 86A notices

(1) This section applies to a section 86B relevant offender who has been given a section 86A notice which has not been cancelled.

(2) In this section the “review date” means—

(a) the end of the period of 12 months beginning with the day on which the notice was given to the offender, and

(b) the end of each successive period of 12 months.

(3) The offender may, within the period of one month ending with each review date, make representations to the appropriate chief officer about the notice.

(4) The appropriate chief officer must, before the start of the period mentioned in subsection (3), notify the offender of their right to make representations under that subsection.

(5) As soon as reasonably practicable after each review date, the appropriate chief officer must—

(a) consider any representations made under subsection (3) about the notice,

(b) decide whether to cancel the notice, and

(c) give notice of the decision (a “decision notice”) to the offender.

(6) The appropriate chief officer may cancel the section 86A notice only if not satisfied as mentioned in section 86A(2)(b).

(7) If the appropriate chief officer decides that the section 86A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made against the decision under section 86D.

(8) In this section the “appropriate chief officer”, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time.

86D Appeals in relation to section 86A notices

(1) A section 86B relevant offender may appeal to the appropriate court against a decision—

(a) to give the offender a section 86A notice;

(b) not to cancel a section 86A notice which has been given to the offender (see section 86C).

(2) An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with—

(a) in the case of an appeal under subsection (1)(a), the day on which the section 86A notice is given to the offender;

(b) in the case of an appeal under subsection (1)(b), the day on which notice of the decision is given to the offender.

(3) On an appeal under subsection (1)(a) the appropriate court may confirm or cancel the notice which is the subject of the appeal.

(4) On an appeal under subsection (1)(b) the appropriate court may—

(a) confirm the decision, or

(b) remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate.

(5) In this section the “appropriate court” means—

(a) in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area;

(b) in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court;

(c) in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.”

Commencement Information

I55 S. 120 not in force at Royal Assent, see s. 255(7)

121 Police stations at which notifications may be given: Scotland and Northern Ireland S+N.I.

(1) Section 87 of the Sexual Offences Act 2003 (method of notification and related matters) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

“(a) attending at the police station in the person’s relevant police area that is for the time being specified in a document published for that relevant police area under this section, or if there is more than one such police station, at any one of them, and”.

(3) After subsection (2) insert—

“(2A) The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification of the kind mentioned in subsection (1).

(2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.”

Commencement Information

I56 S. 121 not in force at Royal Assent, see s. 255(7)

122 Alternative method of notification U.K.

After section 87 of the Sexual Offences Act 2003 insert—

“87A Alternative method of notification

(1) A person (“P”) may give a notification under section 83A, 84, 85(1), 85ZA, 85A(2) or (6) or 86B virtually if—

(a) conditions 1 to 3 are met, and

(b) any further conditions specified by the appropriate authority in regulations are met.

(2) Condition 1 is that—

(a) a senior police officer has given P a notice authorising P to give notifications of the kind mentioned in subsection (1) virtually, and

(b) the notice has not been cancelled.

(3) A senior police officer may give P a notice under subsection (2)(a) only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for P to give those notifications in accordance with section 87.

(4) A senior police officer—

(a) may, by giving P a further notice, cancel the notice under subsection (2)(a), and

(b) must do so if not satisfied as mentioned in subsection (3).

(5) “Senior police officer” means a constable of at least the rank of inspector who is authorised to give notices under this section by the chief officer of police for P’s relevant police area at the time the notice is given.

(6) Condition 2 is that the notification does not relate to a matter specified by the appropriate authority in regulations.

(7) Condition 3 is that the notification is given to a person who is authorised to receive virtual notifications by the chief officer of police for P’s relevant police area at the time the notification is given.

(8) A notification is given virtually if it is given by a means which enables P and the person receiving the notification to see and hear each other without being together in the same place.

(9) The conditions which may be specified in regulations under subsection (1)(b) include further conditions about the means of giving the notification.

(10) A notification given in accordance with this section must be acknowledged in writing, in such form as the appropriate authority may direct.

(11) Nothing in this section prevents P giving a notification in accordance with section 87(1).

(12) In this section the “appropriate authority” means—

(a) in relation to a person whose relevant police area is a police area in England or Wales, the Secretary of State;

(b) in relation to a person whose relevant police area is Scotland, the Scottish Ministers;

(c) in relation to a person whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland.

87B Alternative method of notification: further requirements

(1) Where a person (“P”) gives a notification in accordance with section 87A P must, if requested to do so by the person to whom it is given—

(a) attend at a relevant police station, and

(b) comply with the requirements in subsections (2) and (3).

(2) Where the police station at which P attends is in England, Wales or Northern Ireland, the requirements are that P must allow a relevant person to—

(a) take P’s fingerprints,

(b) photograph any part of P, or

(c) do both of those things.

(3) Where the police station at which P attends is in Scotland, the requirements are that P must—

(a) do one or more of the things mentioned in section 87(5A)(a) to (d),

(b) give each passport P has to a relevant person for inspection by that person, or

(c) do both of those things.

(4) In this section—

(a) “relevant police station” means a police station at which P may give a notification in accordance with section 87(1);

(b) “relevant person” means a person at that police station to whom P may give such a notification.”

Commencement Information

I57 S. 122 not in force at Royal Assent, see s. 255(7)

123 Review of indefinite notification requirements: England and Wales E+W

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 91A (review of indefinite notification requirements: qualifying relevant offender) after subsection (1) insert—

“(1A) The relevant chief officer of police may, without an application for review having been made, consider whether a qualifying relevant offender should remain subject to the indefinite notification requirements (referred to in sections 91A to 91F as an “own motion review”).”

(3) After section 91E insert—

“91EA Review of indefinite notification requirements: own motion review

(1) The relevant chief officer of police may begin an own motion review on, or at any time after, the qualifying date.

(2) The “qualifying date” has the same meaning in this section as in section 91B.

(3) The relevant chief officer of police begins an own motion review by notifying the qualifying relevant offender that the relevant chief officer of police is considering whether the qualifying relevant offender should remain subject to the indefinite notification requirements.

(4) The notification must inform the qualifying relevant offender of their right to make representations under subsection (5).

(5) The qualifying relevant offender may make representations to the relevant chief officer of police within 35 days of receipt of the notification.

(6) The relevant chief officer of police may within 7 days of beginning an own motion review notify a responsible body that they are beginning an own motion review.

(7) If the responsible body holds information which it considers to be relevant to the review, it must give the information to the relevant chief officer of police within 28 days of receipt of the notification.

91EB Review of indefinite notification requirements: determination of own motion review

(1) On an own motion review the relevant chief officer of police must, within 6 weeks of the date mentioned in subsection (2)—

(a) determine whether the qualifying relevant offender should remain subject to the indefinite notification requirements, and

(b) give notice of the determination to the qualifying relevant offender.

(2) The date is the latest date on which the qualifying relevant offender may make representations under section 91EA(5).

(3) The relevant chief officer of police may determine that the qualifying relevant offender should not remain subject to the indefinite notification requirements only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for the qualifying relevant offender to remain subject to the indefinite notification requirements.

(4) If the relevant chief officer of police determines that the qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.

(5) If the relevant chief officer of police determines that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of determination must—

(a) contain a statement of reasons for the determination, and

(b) inform the qualifying relevant offender that they may appeal the determination in accordance with section 91ED.

(6) The Secretary of State may by regulations amend the period in subsection (1).

91EC Review of indefinite notification requirements: factors applying to determination under section 91EB

In determining an own motion review under section 91EB, the relevant chief officer of police must—

(a) have regard to the representations (if any) made by the qualifying relevant offender,

(b) have regard to the information (if any) received from a responsible body,

(c) consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender, and

(d) take into account the matters listed in section 91D(2).

91ED Review of indefinite notification requirements: appeals against determinations under section 91EB

(1) A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91EB(5).

(2) An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.

(3) A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.

(4) If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.”

(4) After section 91F insert—

“91G Discharge from indefinite notification requirements in Scotland or Northern Ireland

A relevant offender who is discharged from the notification requirements of this Part under—

(a) sections 88A to 88H (discharge from indefinite notification requirements in Scotland), or

(b) Schedule 3A (discharge from indefinite notification requirements in Northern Ireland),

is, by virtue of the discharge, also discharged from the notification requirements of this Part as they apply in England and Wales.”

Commencement Information

I58 S. 123 not in force at Royal Assent, see s. 255(7)

124 Review of indefinite notification requirements: Northern Ireland N.I.

In Schedule 3A to the Sexual Offences Act 2003 (discharge from indefinite notification requirements in Northern Ireland) after paragraph 6 insert—

Own motion review: powers of Chief Constable

6A (1) The Chief Constable may, without an application having been made by the offender, consider whether to discharge the offender from the notification requirements (referred to in this Schedule as an “own motion review”).

(2) The Chief Constable may begin an own motion review at any time after the end of the initial review period (within the meaning of paragraph 2).

(3) Sub-paragraph (1) does not apply at any time when—

(a) the offender is also subject to a sexual offences prevention order or an interim sexual offences prevention order, or

(b) the offender is also subject to the notification requirements for a fixed period which has not expired.

(4) The Chief Constable begins an own motion review by serving notice on the offender that the Chief Constable is considering whether to discharge the offender from the notification requirements.

(5) The notice must inform the offender of their right to make representations under sub-paragraph (6).

(6) The offender may make representations to the Chief Constable within 35 days of the date of service of the notice.

(7) The Chief Constable may, before determining an own motion review, request information from any body or person which the Chief Constable considers appropriate.

Own motion review: determination

6B (1) On an own motion review the Chief Constable must discharge the notification requirements unless the Chief Constable is satisfied—

(a) that the offender poses a risk of sexual harm, and

(b) that the risk is such as to justify the notification requirements continuing in the interests of the prevention or investigation of crime or the protection of the public.

(2) In deciding whether that is the case, the Chief Constable must—

(a) have regard to the representations (if any) made by the offender,

(b) have regard to the information (if any) received under paragraph 6A(7), and

(c) take into account the matters listed in paragraph 3(2).

(3) The functions of the Chief Constable under this paragraph may not be delegated by the Chief Constable except to a police officer not below the rank of superintendent.

Own motion review: notice of decision

6C (1) The Chief Constable must, within 12 weeks of the date mentioned in sub-paragraph (2), comply with this paragraph.

(2) The date is the latest date on which the offender may make representations under paragraph 6A(6).

(3) If the Chief Constable discharges the notification requirements—

(a) the Chief Constable must serve notice of that fact on the offender, and

(b) the offender ceases to be subject to the notification requirements on the date of service of the notice.

(4) If the Chief Constable decides not to discharge the notification requirements—

(a) the Chief Constable must serve notice of that decision on the offender, and

(b) the notice must—

(i) state the reasons for the decision, and

(ii) state the effect of paragraphs 6D and 6.

(5) The Department of Justice may by regulations amend the period in sub-paragraph (1).

Own motion review: application to Crown Court

6D (1) Where—

(a) the Chief Constable fails to comply with paragraph 6C within the period specified in paragraph 6C(1), or

(b) the Chief Constable serves a notice under paragraph 6C(4),

the offender may apply to the Crown Court for an order discharging the offender from the notification requirements.

(2) An application under this paragraph must be made within the period of 21 days beginning—

(a) in the case of an application under sub-paragraph (1)(a), on the expiry of the period specified in paragraph 6C(1);

(b) in the case of an application under sub-paragraph (1)(b), with the date of service of the notice under paragraph 6C(4).

(3) Paragraph 6B applies in relation to an application under this paragraph as it applies to an own motion review, but as if references to the Chief Constable were references to the Crown Court.

(4) The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph.

(5) If on an application under this paragraph the Crown Court makes an order discharging the offender from the notification requirements, the appropriate officer of the Crown Court must send a copy of the order to the offender and the Chief Constable.

(6) If on an application under this paragraph the Crown Court refuses to make an order discharging the offender, the appropriate officer of the Crown Court must send notice of that refusal to the offender and the Chief Constable.”

Commencement Information

I59 S. 124 not in force at Royal Assent, see s. 255(7)

125 Restriction on applying for replacement identity documents in new name U.K.

(1) After section 93 of the Sexual Offences Act 2003 insert—

“Applications for replacement identity documents in new name U.K.

93A Offenders requiring authorisation before applying for certain identity documents in new name

(1) A relevant offender is subject to the restriction in section 93B(1) if a chief officer of police has given the offender a notice stating that the offender is subject to that restriction, and the notice has not been cancelled.

(2) A chief officer of police may give an offender a notice under subsection (1) only if, when the notice is given, the chief officer—

(a) is the chief officer of police for the offender’s relevant police area, and

(b) is satisfied that it is necessary to give the notice for the purpose of—

(i) protecting the public or any particular members of the public from sexual harm from the offender, or

(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(3) A notice under subsection (1) must indicate that an appeal may be made under section 93G against the decision to give the notice.

(4) For the purposes of sections 93B to 93G—

• the “appropriate authority”means—

  (a)

  in relation to an offender whose relevant police area is in England and Wales, the Secretary of State;

  (b)

  in relation to an offender whose relevant police area is Scotland, the Scottish Ministers;

  (c)

  in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland;

• the “appropriate chief officer”, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time;

• “section 93A notice” means a notice given to a relevant offender under subsection (1);

• “section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1).

93B Requirement for authorisation before applying for replacement identity documents in new name

(1) A section 93B relevant offender who holds, or has held, an identity document of a particular type must not apply for an identity document of that type to be issued to the offender in a new name unless authorised to do so under section 93C.

(2) For the purposes of subsection (1) an offender’s name is “new”, in relation to an identity document of a particular type, if the identity document of that type most recently issued to the offender was not in that name.

(3) A person who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(4) A person who commits an offence under subsection (3) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(5) For the purposes of this section and section 93C—

(a) “identity document” means a document falling within subsection (6);

(b) an identity document is of the same type as another identity document if both documents fall within the same paragraph of subsection (6) (or, in the case of an identity document within subsection (6)(d), if the document is a document of the same kind as a kind of document specified in regulations).

(6) A document falls within this subsection if it is—

(a) an immigration document (within the meaning given by section 7(2) of the Identity Documents Act 2010);

(b) a United Kingdom passport (within the meaning of the Immigration Act 1971);

(c) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(d) a document of a kind specified in regulations made by the appropriate authority for the purposes of this section.

(7) Before making regulations under subsection (6)(d), an appropriate authority must consult each other appropriate authority.

93C Authorisation to apply for replacement identity documents in new name

(1) A section 93B relevant offender who holds, or has held, an identity document of a particular type may apply to the appropriate chief officer for authorisation to apply for an identity document of that type to be issued to the offender in a new name.

(2) The application must—

(a) be in writing,

(b) specify the type of identity document that is being applied for and the name in which it is to be issued, and

(c) include such other information, or be accompanied by such documents, as the appropriate authority may specify in regulations.

(3) The appropriate chief officer must, within four weeks of receiving the application—

(a) decide whether to grant or refuse authorisation, and

(b) give notice of the decision (a “decision notice”) to the applicant.

(4) In deciding whether to grant or refuse authorisation, the officer must have regard to any guidance issued under section 93H.

(5) The officer may grant authorisation only if conditions 1 and 2 are met.

(6) Condition 1 is that the officer is satisfied that—

(a) the offender is using the new name for reasons connected with—

(i) the offender’s marriage to, or civil partnership with, another person, or

(ii) the offender’s religion or belief,

(b) any conditions specified in regulations made by the appropriate authority for the purposes of this section are met, or

(c) there are exceptional circumstances that justify granting authorisation.

(7) Condition 2 is that the officer does not consider it necessary to refuse authorisation for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(8) If the officer refuses authorisation—

(a) the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision, and

(b) a further application under subsection (1) may not be made in relation to an identity document of the same type before the end of the period of one year beginning with the date on which the decision notice is given.

(9) Before making regulations under this section, an appropriate authority must consult each other appropriate authority.

(10) In subsection (6)—

(a) “religion” means any religion;

(b) a reference to religion includes a reference to a lack of religion;

(c) “belief” means any religious or philosophical belief;

(d) a reference to belief includes a reference to a lack of belief.

93D Authorisations granted under section 93C

(1) Where a section 93B relevant offender is granted authorisation under section 93C, the authorisation has effect for the period of one year beginning with the day on which notice of the decision to grant the authorisation is given to the offender.

(2) But the appropriate chief officer may cancel the authorisation before the end of that period by giving notice to the offender.

(3) The officer may cancel the authorisation only if the officer considers that either or both of the conditions mentioned in section 93C(5) are not met.

(4) A notice under subsection (2) must indicate that an appeal may be made under section 93G against the decision to cancel the authorisation.

93E Young offenders: parental notices

(1) Where a section 93B relevant offender is under 18, the appropriate chief officer may give written notice (a “parental notice”) to a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) the offender.

(2) If a parental notice has been given to a person by a chief officer of police and it has not expired, sections 93B(1) and 93C(1) have effect as if after “particular type” (in both places) there were inserted “, or a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) such an offender who has been given a notice under section 93E,”.

(3) A parental notice expires when the offender reaches the age of 18.

(4) Where a parental notice is given by the chief constable of the Police Service of Scotland, the references in subsections (1) and (3) to 18 are to be read as references to 16.

93F Periodic reviews of section 93A notices

(1) As soon as reasonably practicable after each review date, the appropriate chief officer must review a section 93A notice with a view to determining whether it should be cancelled.

(2) The “review date”, in relation to a section 93A notice, is—

(a) the end of the period of 12 months beginning with the date on which the notice is given, and

(b) the end of each successive period of 12 months.

(3) In carrying out their review, the appropriate chief officer must consider any representations made during the consultation period by the offender to whom the notice was given.

(4) Before the start of the consultation period, the appropriate chief officer must notify the offender of their right to make representations during that period.

(5) In subsections (3) and (4) the “consultation period” means the period of one month ending with the review date.

(6) After completing their review, the appropriate chief officer must—

(a) decide whether to cancel the section 93A notice, and

(b) give notice of the decision (a “decision notice”) to the offender.

(7) The appropriate chief officer may cancel the section 93A notice only if not satisfied as mentioned in section 93A(2)(b).

(8) If the appropriate chief officer decides that the section 93A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision.

93G Appeals

(1) A person (“P”) may appeal to the appropriate court against a decision—

(a) to give P a section 93A notice;

(b) to refuse P authorisation under section 93C;

(c) to cancel an authorisation granted to P under section 93C (see section 93D);

(d) to give P a notice under section 93E;

(e) not to cancel a section 93A notice which has been given to P (see section 93F).

(2) An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with—

(a) in the case of an appeal under subsection (1)(a) or (d), the day on which the notice is given to P;

(b) in the case of an appeal under subsection (1)(b), (c) or (e), the day on which notice of the decision is given to P.

(3) On an appeal under subsection (1)(a) or (d), the court may confirm or cancel the notice which is the subject of the appeal.

(4) On an appeal under subsection (1)(b), (c) or (e), the court may—

(a) confirm the decision, or

(b) remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate.

(5) In this section the “appropriate court” means—

(a) in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area;

(b) in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court;

(c) in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.

93H Guidance

(1) The Secretary of State must issue guidance to chief officers of police for police areas in England and Wales in relation to the determination by them of applications under section 93C.

(2) The Department of Justice in Northern Ireland must issue guidance to the Chief Constable of the Police Service of Northern Ireland in relation to the Chief Constable’s determination of applications under section 93C.

(3) Before issuing guidance under this section—

(a) the Secretary of State must consult the Department of Justice in Northern Ireland;

(b) the Department of Justice in Northern Ireland must consult the Secretary of State.

(4) The Secretary of State and the Department of Justice may, from time to time, revise any guidance issued by them under this section.

(5) The Secretary of State and the Department of Justice must arrange for any guidance issued or revised by them under this section to be published.”

(2) After section 93H of the Sexual Offences Act 2003 (inserted by subsection (1)) insert—

“93I Restriction on granting replacement driving licences in new name (England, Wales and Scotland)

(1) The Secretary of State may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 3 of the Road Traffic Act 1988 (a “replacement licence”) if—

(a) the person holds, or has held, a driving licence,

(b) the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and

(c) it appears to the Secretary of State, on the basis of information provided by a chief officer of police, that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name.

(2) The regulations may, in particular, include provision for authorising or requiring—

(a) a chief officer of police to disclose specified information to the Secretary of State, and

(b) the Secretary of State to disclose specified information to a chief officer of police,

where the disclosure falls within subsection (3).

(3) A disclosure falls within this subsection if it is made—

(a) for the purposes of enabling the Secretary of State or a chief officer of police to carry out their functions under or by virtue of the regulations, or

(b) in connection with the detection or investigation of an offence under section 93B(3).

(4) The regulations may, in particular, make provision about how a chief officer of police or the Secretary of State may or must use information disclosed to them by virtue of subsection (2).

(5) The regulations may include provision amending Part 3 of the Road Traffic Act 1988.

(6) In this section—

• “driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

• “section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);

• “specified” means specified in regulations under this section.”

(3) After section 93I of the Sexual Offences Act 2003 (inserted by subsection (2)) insert—

“93J Restriction on granting replacement driving licences in new name (Northern Ireland)

(1) The Department for Infrastructure in Northern Ireland (“the Department”) may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (a “replacement licence”) if—

(a) the person holds, or has held, a driving licence,

(b) the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and

(c) it appears to the Department, on the basis of information provided by the Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”), that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name.

(2) The regulations may, in particular, include provision for authorising or requiring—

(a) the Chief Constable to disclose specified information to the Department, and

(b) the Department to disclose specified information to the Chief Constable,

where the disclosure falls within subsection (3).

(3) A disclosure falls within this subsection if it is made—

(a) for the purposes of enabling the Department or the Chief Constable to carry out their functions under or by virtue of the regulations, or

(b) in connection with the detection or investigation of an offence under section 93B(3).

(4) The regulations may, in particular, make provision about how the Department or the Chief Constable may or must use information disclosed to them by virtue of subsection (2).

(5) The regulations may include provision amending Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

(6) In this section—

• “driving licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or under Part 3 of the Road Traffic Act 1988;

• “section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);

• “specified” means specified in regulations under this section.”

Commencement Information

I60 S. 125 not in force at Royal Assent, see s. 255(1)(7)(8)(i)

126 Power of entry and search E+W+N.I.

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In the section 96A inserted by section 80 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (police powers of entry to and examination of relevant offender’s home address)—

(a) in subsection (1), for “a senior” substitute “an appropriate”;

(b) in subsection (11)—

(i) after “section—” insert—

• ““appropriate police officer”, in relation to an application for a warrant under subsection (1), means a constable of the Police Service of Scotland authorised to make the application by a constable of the Police Service of Scotland who is of the rank of inspector or above;”;

(ii) omit the definition of “senior police officer”.

(3) In section 96B (power of entry and search of relevant offender’s home address)—

(a) in subsection (1), for “a senior” substitute “an appropriate”;

(b) in subsection (10)—

(i) before the definition of “the relevant force” insert—

• ““appropriate police officer”, in relation to an application for a warrant under subsection (1), means a constable authorised to make the application by a constable of the rank of inspector or above;”;

(ii) omit the definition of “senior police officer”.

Commencement Information

I61 S. 126 not in force at Royal Assent, see s. 255(7)

127 Minor and consequential amendments U.K.

Schedule 15 contains minor and consequential amendments relating to this Chapter.

Commencement Information

I62 S. 127 not in force at Royal Assent, see s. 255(7)