Police and Justice Act 2006 (Section 39 and Schedule 11)

Section 39 of the Police and Justice Act 2006 and Schedule 11 to the Act amend the Protection of Children Act 1978 to provide a mechanism to allow police to forfeit indecent photographs of children held by the police following any lawful seizure. The provisions came into effect on 1 April 2008.
 
The changes mean that:
  • indecent photographs of children once seized will not be returned in any recoverable form to someone who does not have a legitimate reason for their possession
  • the police will be able to forfeit indecent photographs of children which are held by the police following any lawful seizure
  • the police will be able to exercise the power of forfeiture under the Protection of Children Act 1978 rather than be dependent on the Courts.
  • both police and Court time will be saved.
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