Criminal Justice and Immigration Act 2008
Section 69: Indecent photographs of children: England and Wales
Section 69 of the Criminal Justice and Immigration Act 2008 amends section 7 of the Protection of Children Act 1978 to extend the definition of ‘photograph’ to include derivatives of photographs, such as tracings or other forms of data. As a result, reference to a photograph in the Protection of Children Act 1978 will include tracings or other images, whether made by electronic or other means, that are not in themselves photographs or pseudo-photographs (as defined in the Protection of Children Act 1978) but which are derived from the whole or part of a photograph or pseudo-photograph, or a combination of either or both. This amendment will mean that an offence under section 1 (indecent photographs of children) of the Protection of Children Act 1978 will cover derivatives of indecent photographs or pseudo-photographs, alongside indecent photographs and pseudo-photographs themselves. These derivatives include line traced and computer traced images, for example, pencil traced images using tracing paper, computer traced images of photographs taken on a mobile phone or images manipulated from photographs using computer software. In such cases the prosecution will have to show that the image or tracing has been derived from an indecent photograph or pseudo-photograph of a child or a combination of both.
The definition in section 7 of the Protection of Children Act 1978 also extends to the offence in section 160 of the Criminal Justice Act 1988 relating to possession of indecent photographs or pseudo-photographs of a child.
Section 70: Indecent photographs of children: Northern Ireland
Section 70 amends the Protection of Children (Northern Ireland) Order 1978. The effect is to make the same changes to corresponding Northern Ireland legislation as section 69 does to the legislation in England and Wales.