Part 4 U.K. Criminal exploitation of children and others

Chapter 1 U.K. Child criminal exploitation

Prospective

Offence of child criminal exploitation U.K.

49 Proving an offence under section 48 U.K.

(1) This section applies for the purposes of section 48.

(2) Where it is alleged that D intended to cause C to commit an offence, it is sufficient to prove that D intended to cause C to do an act which would amount to the commission of that offence.

(3) Where it is alleged that D intended to cause C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, it is sufficient to prove that D intended to cause C to do an act which, if done in that part, would amount to the commission of that offence.

(4) Where it is alleged that D intended to facilitate the causing of C, in future, to—

(a) commit an offence, or

(b) do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part,

it is sufficient to prove that D intended to facilitate the causing of C in future to do an act which would amount to the commission of that offence, or would if done in that part of the United Kingdom amount to the commission of that offence.

(5) In proving for the purposes of this section whether an act is one which would, or which would if done in a part of the United Kingdom, amount to the commission of an offence—

(a) if the offence is one requiring proof of fault, it must be proved that—

(i) D believed that, were the act to be done, it would be done with that fault, or

(ii) D’s state of mind was such that, were D to do it, it would be done with that fault;

(b) if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that D intended or believed that, were the act to be done, it would be done in those circumstances or with those consequences.

(6) For the purposes of subsection (5)(a)(ii), D is to be assumed to be able to do the act in question.

(7) In this section—

(a) a reference to C doing an act which would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if C were aged 10 or over (or, in Scotland, were aged 12 or over);

(b) a reference to C doing an act which, if done in a part of the United Kingdom, would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if (in addition to it being done in that part of the United Kingdom) C were aged 10 or over (or, in Scotland, were aged 12 or over).

Commencement Information

I1 S. 49 not in force at Royal Assent, see s. 255(7)