|
| |
| |
(3) After section 1 insert— | |
“1A Exceptions where a child aged 16 or over consents | |
(1) It is not an offence under section 1(1)(a) for a person to take or make an | |
indecent photograph of a child aged 16 or over with the consent of the | |
child. | 5 |
(2) It is not an offence under section 1(1)(a) for one person to permit | |
another to take, with the consent of a child aged 16 or over, an indecent | |
photograph of that child. | |
(3) Where a person takes or makes an indecent photograph of a child aged | |
16 or over with the consent of the child, it is not an offence— | 10 |
(a) under section 1(1)(b), for him to distribute or show the | |
photograph to the child, or | |
(b) under section 1(1)(c), for him to have the photograph in his | |
possession with the child’s consent with a view to its being | |
distributed or shown by him only to the child.” | 15 |
(4) In section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent | |
photograph of child), after subsection (1) insert— | |
“(1A) Where a person takes or makes an indecent photograph of a child aged | |
16 or over with the consent of the child, it is not an offence under | |
subsection (1) above for him to have the photograph in his possession | 20 |
with the child’s consent.” | |
51 Criminal investigations or proceedings | |
(1) After section 1A of the Protection of Children Act 1978 (c. 37) insert— | |
“1B Exception for criminal investigations or proceedings | |
(1) It is not an offence under section 1(1)(a) for a person to make an | 25 |
indecent photograph or pseudo-photograph of a child in accordance | |
with an authorisation under this section. | |
(2) An authorisation may be given only if it appears to the person or | |
persons giving it to be necessary for the purposes of the prevention, | |
detection or investigation of crime, or for the purposes of criminal | 30 |
proceedings, in any part of the world, or for any particular purpose | |
falling within those purposes. | |
(3) An authorisation— | |
(a) must be in writing, | |
(b) must specify the person to whom it is given and the purpose or | 35 |
purposes for which it is given, and | |
(c) may specify conditions to which it is subject. | |
(4) An authorisation may be given by— | |
(a) a chief officer of police, | |
(b) the Director General of the National Crime Squad, | 40 |
(c) the Director General of the National Criminal Intelligence | |
Service, | |
(d) the Commissioners of Customs and Excise, or | |
(e) the Director of Public Prosecutions.” | |
| |
| |
|
| |
| |
(2) After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. | |
1978/1047 (N.I. 17)) insert— | |
“Exception for criminal investigations or proceedings | |
3A. (1) It is not an offence under Article 3(1)(a) for a person to make an | |
indecent photograph or pseudo-photograph of a child in accordance | 5 |
with an authorisation under this section. | |
(2) An authorisation may be given only if it appears to the person or | |
persons giving it to be necessary for the purposes of the prevention, | |
detection or investigation of crime, or for the purposes of criminal | |
proceedings, in any part of the world, or for any particular purpose | 10 |
falling within those purposes. | |
(3) An authorisation— | |
(a) must be in writing, | |
(b) must specify the person to whom it is given and the purpose | |
or purposes for which it is given, and | 15 |
(c) may specify conditions to which it is subject. | |
(4) An authorisation may be given by— | |
(a) the Chief Constable of the Police Service of Northern Ireland, | |
(b) the Director General of the National Crime Squad, | |
(c) the Director General of the National Crime Intelligence | 20 |
Service, | |
(d) the Commissioners of Customs and Excise, or | |
(e) the Director of Public Prosecutions.” | |
Prostitution and child pornography | |
52 Paying for sexual services of a child | 25 |
(1) A person (A) commits an offence if— | |
(a) he intentionally obtains for himself the sexual services of another | |
person (B), | |
(b) before obtaining those services, he has made or promised payment for | |
those services to B or a third person, or knows that another person has | 30 |
made or promised such a payment, and | |
(c) either— | |
(i) B is under 18, and A does not reasonably believe that B is 18 or | |
over, or | |
(ii) B is under 13. | 35 |
(2) In this section, “payment” means any financial advantage, including the | |
discharge of an obligation to pay or the provision of goods or services | |
(including sexual services) gratuitously or at a discount. | |
(3) A person guilty of an offence under this section against a person under 13, | |
where the offence involved— | 40 |
(a) penetration of B’s anus or vagina with a part of A’s body or anything | |
else, | |
(b) penetration of B’s mouth with A’s penis, | |
(c) penetration of A’s anus or vagina with a part of B’s body or by B with | |
anything else, or | 45 |
| |
| |
|
| |
| |
(d) penetration of A’s mouth with B’s penis, | |
is liable, on conviction on indictment, to imprisonment for life. | |
(4) Unless subsection (3) applies, a person guilty of an offence under this section | |
against a person under 16 is liable, on conviction on indictment, to | |
imprisonment for a term not exceeding 14 years. | 5 |
(5) Unless subsection (3) or (4) applies, a person guilty of an offence under this | |
section 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 | 10 |
7 years. | |
(6) In the application of this section to Northern Ireland, subsection (4) has effect | |
with the substitution of “17” for “16”. | |
53 Causing or inciting child prostitution or pornography | |
(1) A person (A) commits an offence if— | 15 |
(a) he intentionally causes or incites another person (B) to become a | |
prostitute, or to be involved in pornography, in any part of the world, | |
(b) he does so for or in the expectation of gain for himself or a third person, | |
and | |
(c) either— | 20 |
(i) B is under 18, and A does not reasonably believe that B is 18 or | |
over, or | |
(ii) B is under 13. | |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | 25 |
months or a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
14 years. | |
54 Causing or inciting prostitution for gain | |
(1) A person commits an offence if— | 30 |
(a) he intentionally causes or incites another person to become a prostitute | |
in any part of the world, and | |
(b) he does so for or in the expectation of gain for himself or a third person. | |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | 35 |
months or a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
7 years. | |
55 Controlling a child prostitute or a child involved in pornography | |
(1) A person (A) commits an offence if— | 40 |
(a) he intentionally controls any of the activities of another person (B) | |
relating to B’s prostitution or involvement in pornography in any part | |
of the world, | |
| |
| |
|
| |
| |
(b) he does so for or in the expectation of gain for himself or a third person, | |
and | |
(c) either— | |
(i) B is under 18, and A does not reasonably believe that B is 18 or | |
over, or | 5 |
(ii) B is under 13. | |
(2) A person guilty of an offence under this section 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 | 10 |
14 years. | |
56 Controlling prostitution for gain | |
(1) A person commits an offence if— | |
(a) he intentionally controls any of the activities of another person relating | |
to that person’s prostitution in any part of the world, and | 15 |
(b) he does so for or in the expectation of gain for himself or a third person. | |
(2) A person guilty of an offence under this section 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 | 20 |
7 years. | |
57 Arranging or facilitating child prostitution or pornography | |
(1) A person (A) commits an offence if— | |
(a) he intentionally arranges or facilitates the prostitution or involvement | |
in pornography in any part of the world of another person (B), | 25 |
(b) he does so for or in the expectation of gain for himself or a third person, | |
and | |
(c) either— | |
(i) B is under 18, and A does not reasonably believe that B is 18 or | |
over, or | 30 |
(ii) B is under 13. | |
(2) A person guilty of an offence under this section 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 | 35 |
14 years. | |
58 Sections 53 to 57: interpretation | |
(1) Subsections (2) to (4) apply for the purposes of sections 53 to 57. | |
(2) A person is involved in pornography if an indecent moving or still image of | |
that person is recorded; and similar expressions, and “pornography”, are to be | 40 |
interpreted accordingly. | |
(3) “Gain” means— | |
| |
| |
|
| |
| |
(a) any financial advantage, including the discharge of an obligation to pay | |
or the provision of goods or services (including sexual services) | |
gratuitously or at a discount; or | |
(b) the goodwill of any person which is or appears likely, in time, to bring | |
financial advantage. | 5 |
(4) “Prostitute” means a person (A) who, on at least one occasion and whether or | |
not compelled to do so, offers or provides sexual services to another person in | |
return for payment or a promise of payment to A or a third person; and | |
“prostitution” is to be interpreted accordingly. | |
(5) In subsection (4), “payment” means any financial advantage, including the | 10 |
discharge of an obligation to pay or the provision of goods or services | |
(including sexual services) gratuitously or at a discount. | |
59 Extension of gender-specific prostitution offences | |
Schedule 1(extension of gender-specific prostitution offences) has effect. | |
Trafficking | 15 |
60 Trafficking into the UK for sexual exploitation | |
(1) A person (A) commits an offence if, for or in the expectation of gain for himself | |
or another, he intentionally arranges or facilitates the arrival in the United | |
Kingdom of another person (B) and either— | |
(a) he intends to do anything to or in respect of B, after B’s arrival but in | 20 |
any part of the world, which if done will involve the commission of a | |
relevant offence, or | |
(b) he intends to facilitate the doing of anything to or in respect of B, after | |
B’s arrival but in any part of the world, which if done as he intends it to | |
be done or believes that it will be done will involve the commission of | 25 |
a relevant offence. | |
(2) A person guilty of an offence under this section 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 | 30 |
14 years. | |
61 Trafficking within the UK for sexual exploitation | |
(1) A person (A) commits an offence if, for or in the expectation of gain for himself | |
or another, he intentionally arranges or facilitates travel within the United | |
Kingdom by another person (B) and either— | 35 |
(a) he intends to do anything to or in respect of B, during or after the | |
journey and in any part of the world, which if done will involve the | |
commission of a relevant offence, or | |
(b) he intends to facilitate the doing of anything to or in respect of B, during | |
or after the journey and in any part of the world, which if done as he | 40 |
intends it to be done or believes that it will be done will involve the | |
commission of a relevant offence. | |
(2) A person guilty of an offence under this section 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 | |
14 years. | |
62 Trafficking out of the UK for sexual exploitation | 5 |
(1) A person (A) commits an offence if, for or in the expectation of gain for himself | |
or another, he intentionally arranges or facilitates the departure from the | |
United Kingdom of another person (B) and either— | |
(a) he intends to do anything to or in respect of B, after B’s departure but | |
in any part of the world, which if done will involve the commission of | 10 |
a relevant offence, or | |
(b) he intends to facilitate the doing of anything, after B’s departure but in | |
any part of the world, which if done as he intends it to be done or | |
believes that it will be done will involve the commission of a relevant | |
offence. | 15 |
(2) A person guilty of an offence under this section 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 | |
14 years. | 20 |
63 Sections 60 to 62: interpretation and jurisdiction | |
(1) In sections 60 to 62— | |
“relevant offence” means— | |
(a) an offence under this Part, | |
(b) an offence under section 1(1)(a) of the Protection of Children | 25 |
Act 1978 (c. 37), | |
(c) an offence listed in Schedule 1 to the Criminal Justice (Children) | |
(Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), | |
(d) an offence under Article 3(1)(a) of the Protection of Children | |
(Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), or | 30 |
(e) anything done outside England and Wales and Northern | |
Ireland which is not an offence within any of paragraphs (a) to | |
(d) but would be if done in England and Wales or Northern | |
Ireland; | |
“gain” has the meaning given by section 58(3). | 35 |
(2) Sections 60 to 62 apply to anything done— | |
(a) in the United Kingdom, or | |
(b) outside the United Kingdom, by a body incorporated under the law of | |
a part of the United Kingdom or by an individual to whom subsection | |
(3) applies. | 40 |
(3) This subsection applies to— | |
(a) a British citizen, | |
(b) a British overseas territories citizen, | |
(c) a British National (Overseas), | |
(d) a British Overseas citizen, | 45 |
| |
| |
|
| |
| |
(e) a person who is a British subject under the British Nationality Act 1981 | |
(c. 61), | |
(f) a British protected person within the meaning given by section 50(1) of | |
that Act. | |
Preparatory offences | 5 |
64 Administering a substance with intent | |
(1) A person commits an offence if he intentionally administers a substance to, or | |
causes a substance to be taken by, another person (B)— | |
(a) knowing that B does not consent, and | |
(b) with the intention of stupefying or overpowering B, so as to enable any | 10 |
person to engage in a sexual activity that involves B. | |
(2) A person guilty of an offence under this section 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 | 15 |
10 years. | |
65 Committing an offence with intent to commit a sexual offence | |
(1) A person commits an offence under this section if he commits any offence with | |
the intention of committing a relevant sexual offence. | |
(2) In this section, “relevant sexual offence” means any offence under this Part | 20 |
(including an offence of aiding, abetting, counselling or procuring such an | |
offence). | |
(3) A person guilty of an offence under this section is liable on conviction on | |
indictment, where the offence is committed by kidnapping or false | |
imprisonment, to imprisonment for life. | 25 |
(4) Unless subsection (3) applies, a person guilty of an offence under this section | |
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 | 30 |
10 years. | |
66 Trespass with intent to commit a sexual offence | |
(1) A person commits an offence if— | |
(a) he is a trespasser on any premises, | |
(b) he intends to commit a relevant sexual offence on the premises, and | 35 |
(c) he knows that, or is reckless as to whether, he is a trespasser. | |
(2) In this section— | |
“premises” includes a structure or part of a structure; | |
“relevant sexual offence” has the same meaning as in section 65; | |
“structure” includes a tent, vehicle or vessel or other temporary or | 40 |
movable structure. | |
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