OpenLegislation

Section 112 Technology testing defence: meaning of “relevant offence”I1

United Kingdom

(1)

For the purposes of section 111 “relevant offence” means—

(a)

an offence listed in subsection (2),

(b)

an offence listed in subsection (3) (Scotland), and

(c)

an offence listed in subsection (4) (Northern Ireland).

(2)

The offences referred to in subsection (1)(a)are offences under any of the following provisions—

ActProvision
Obscene Publications Act 1959Section 2 (publication of obscene article)
Protection of Children Act 1978Section 1(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice Act 1988Section 160(1) (indecent photographs of children)
Communications Act 2003Section 127(1) (sending indecent messages via public electronic communications network)
Sexual Offences Act 2003Section 46A (child sexual abuse image-generators)
Section 66B(1) (sharing intimate photograph or film)
Section 66E(1) (creating purported intimate image of adult)
Section 66F(1) or (2) (requesting creation of purported intimate image of adult)
Criminal Justice and Immigration Act 2008Section 63 (possession of extreme pornographic images), as it has effect under the law of England and Wales
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of England and Wales
Coroners and Justice Act 2009Section 62 (possession of prohibited images of children), as it has effect under the law of England and Wales
Serious Crime Act 2015Section 69 (possession of paedophile manual), as it has effect under the law of England and Wales
(3)

The offences referred to in subsection (1)(b) are offences under any of the following provisions—

ActProvision
Civic Government (Scotland) Act 1982Section 51 (obscene material)
Section 51A (extreme pornography)
Section 51D (pornographic images of strangulation or suffocation)
Section 52(1)(a), (b) or (c) (indecent photographs of children)
Section 52A (indecent photographs of children)
Section 52D (child sexual abuse image- generators)
Sexual Offences (Scotland) Act 2009Section 41A (possession of advice or guidance about abusing children sexually or creating CSA images)
Abusive Behaviour and Sexual Harm (Scotland) Act 2016Section 2 (disclosing or threatening to disclose intimate photograph or film)
(4)

The offences referred to in subsection (1)(c) are—

(a)

an offence under the common law of Northern Ireland of publishing an indecent or obscene article;

(b)

offences under any of the following provisions—

Act / OrderProvision
Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17))Article 3(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))Article 15(1) (indecent photographs of children)
Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))Article 42A (child sexual abuse image-generators)
Criminal Justice and Immigration Act 2008Section 63 (possession of extreme pornographic images), as it has effect under the law of Northern Ireland
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of Northern Ireland
Coroners and Justice Act 2009Section 62 (possession of prohibited images of children), as it has effect under the law of Northern Ireland
Serious Crime Act 2015Section 69 (possession of paedophile manual), as it has effect under the law of Northern Ireland
(5)

The Secretary of State may by regulations amend this section so as to change the meaning of “relevant offence”.

(6)

The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(7)

The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—

(a)

would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(b)

would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Annotations

Commencement

I1

S. 112 in force at 29.6.2026, see s. 255(3)(c)