Child Pornography Offences
The Protection of Children (Northern Ireland) Order 1978 makes further provision to protect and create further criminal offences.
A person who takes, or allows to be taken, distributes or shows any indecent photographs or pseudo photographs of children is guilty of an offence. A person who has any of the same in their possession with a view to their being distributed or shown or publishes or causes any advertisement to be published implying that the advertiser distributes the same is guilty of an offence. The consent of the DPP is required for the institution of proceedings.
It is a defence to prove that a person had a legitimate reason for distributing or showing photographs or pseudo photographs or having them in their possession or that they had not seen them and did not know, nor had any cause to suspect, that they were indecent.
A person guilty of an offence is liable, on conviction on indictment, to a fine or imprisonment for up to 10 years, or both, or on summary conviction, to a fine not exceeding level 5 on the standard scale or imprisonment for up to six months, or both.
It is also a defence to show that it is necessary for them to make the photograph or pseudo-photograph for the purpose of prevention, detection, and investigation of crime or criminal proceedings in any part of the world, that at the time they were charged, they were a member of the Secret Service or Security Service, and it was necessary to make them for their functions, or they were a member of GCHQ.
Where a person proves that the photograph or pseudo-photograph was of the child over 16 and at the time of the offence they were civil partners or lived as partners in an enduring family relationship. This provision applies if the photograph or pseudo-photograph showed the child alone or with the defendant, but not with another person.
On a complaint being made to a justice of the peace on behalf of the DPP or the police, the justice may issue a warrant to seize and remove, search premises where it is believed there is reasonable cause to believe that there are indecent photographs or pseudo photographs of children.
In proceedings relating to indecent photographs of children, a person is to be taken as having been a child at a material time if it appears, from the evidence as a whole, that they were then under the age of 18.
There is provision for the forfeiture of indecent photographs of children. Notice of the relevant forfeiture is given to persons who appear to have been the owner of the property, occupier of the premises where they were seized, or persons searched.
The notice of the proposed seizure is given. Provision is made for the forfeiture of indecent photographs of children. Notice of the forfeiture is given to a person who appears to be the owner of the property, the place where it is seized, or a premises and the person from whom it was seized on search. The notice of forfeiture is to be served.
A person who claims to have a legitimate reason for possessing the property or part of it may give a notice of their claim within a month. If no claim is made, the forfeiture is automatic. Where a notice of claim is made, the relevant officer must decide whether to ask the court to condemn the property as forfeited. If the officer decides not to take proceedings for condemnation of the property, the property must be returned to a person who appears to have a legitimate interest in possessing it.
An application to court may be made to forfeit property. The court may return it if a person has a legitimate interest in possessing it or part of it. Property may be separable, and there may be a legitimate interest in the separable part. Proceedings by way of civil proceedings in a court of summary jurisdiction for the relevant petty sessions district.