Crime and Policing Act 2026

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

I1 S. 76 not in force at Royal Assent, see s. 255(1)(10)(d)