Criminal Justice and Public Order Act 1994

PART VII

OBSCENITY AND PORNOGRAPHY AND VIDEOS

Obscene publications and indecent photographs of children

Indecent pseudo-photographs of children

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

• (i) after the word "taken" there shall be inserted the words "or to make", and the words following "child" shall be omitted;
• (ii) after the word "photograph" there shall be inserted the words "or pseudo-photograph";

(3) In section 7 (interpretation)-

• "(4) References to a photograph include-
• (a) the negative as well as the positive version, and
• (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.".

• "(6) 'Child', subject to subsection (8), means a person under the age of 16.
• (7) 'Pseudo-photograph' means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph.
• (8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
• (9) References to an indecent pseudo-photograph include-
• (a) a copy of an indecent pseudo-photograph, and
• (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.".

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

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

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

• "(2A) In this section, "pseudo-photograph" means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.
• (2B) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
• (2C) In this section, references to an indecent pseudo-photograph include-
• (a) a copy of an indecent pseudo-photograph;
• (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.".

• "(c) references to a photograph include-
• (i) the negative as well as the positive version; and
• (ii) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.".

(7) In section 52A (which, for Scotland, penalises the possession of indecent photographs of children)-
(a) in subsection (1), for the words from "of a" to "16)" there shall be substituted the words "or pseudo-photograph of a child";
(b) in subsection (2), in each of paragraphs (a) to (c), after the word "photograph" there shall be inserted the words "or pseudo-photograph"
(c) in subsection 63)- (i) after the word "to" there shall be inserted the words "imprisonment for a period not exceeding 6 months or to"; and (ii) at the end there shall be added the words "or to both.";
(d) in subsection (4), after the word "(2)" there shall be inserted the words "to (2C)"

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

(9) In Article 2 (interpretation)-

• (i) in the definition of "child", after "child" there shall be inserted the words "subject to paragraph (3)(c)"
• (ii) for the definition of "photograph" there shall be substituted the following definitions-
• "indecent pseudo-photograph" includes-
• (a) a copy of an indecent pseudo-photograph; and
• (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph;
• "photograph" includes-
• (a) the negative as well as the positive version, and
• (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph; "pseudo-photograph" means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;";

• (i) in sub-paragraph (a), after the word "photograph" there shall be inserted the words "or pseudo-photograph"
• (ii) in sub-paragraph (b), at the end, there shall be inserted the words "and so as respects pseudo-photographs, and"
• (iii) after sub-paragraph (b) there shall be inserted the following sub-paragraph-
• "(c) if the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated as showing a child and so shall a pseudo- photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.".

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

• (i) after the word "taken" there shall be inserted the words "or to make"
• (ii) after the word "photograph" there shall be inserted the words "or pseudo- photograph"

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

Arrestable offences to include certain offences relating to obscenity or indecency

85.-(1 ) The Police and Criminal Evidence Act 1984 shall be amended as follows.

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

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

"Protection of Children Act 1978 (c. 37)

Obscene Publications Act 1959 (c. 66)

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

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

Indecent photographs of children: sentence of imprisonment

Obtaining computer-held information

Procuring disclosure of, and selling, computer-held personal information

(6) A person who procures the disclosure to him of personal data the disclosure of which to him is in contravention of subsection (2) or (3) above, knowing or having reason to believe that the disclosure constitutes such a contravention, shall be guilty of an offence.
(7) A person who sells personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured the disclosure of the data to him.
(8) A person who offers to sell personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured or subsequently procures the disclosure of the data to him.
(9) For the purposes of subsection (8) above, an advertisement indicating that personal data are or may be for sale is an offer to sell the data.
(10) For the purposes of subsections (7) and (8) above selling, or offering to sell, in relation to personal data, includes selling, or offering to sell, information extracted from the data.
(11) In determining, for the purposes of subsection (6), (7) or (8) above, whether a disclosure is in contravention of subsection (2) or (3) above, section 34(6)(d) below shall be disregarded. .

(2) In consequence of the amendment made by subsection (1) above-

• (i) after the words "section 26(3)(a) above" there shall be inserted the words "or for an offence under section 5(6) above"; and
• (ii) after the words "to make" there shall be inserted the words "or (in the case of section 5(6)) to procure".

Access to computer material by constables and other enforcement officers

"and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of the said section 1(1). In this section "enforcement officer" means a constable or other person charged with the duty of investigating offences; and withholding consent from a person "as" an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access.".

"but this subsection is subject to section 10.".

Graphics     Multimedia      Virtual Environments      Visualisation      Contents