Section 48 Child criminal exploitationI1

United Kingdom Not yet in force

(1)

A person (D) aged 18 or over who is in a part of the United Kingdom (“the relevant part” of the United Kingdom) commits an offence if—

(a)

D engages in conduct towards or in respect of a child (C), and

(b)

D does so with the intention of—

(i)

causing C to commit an offence,

(ii)

causing C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, or

(iii)

facilitating the causing of C, in future, to commit an offence or do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part.

It is irrelevant whether or not D knows or suspects that C is a child.

(2)

In subsection (1)(b) “offence” means an offence under the law of a part of the United Kingdom.

(3)

In this section and section 49—

(a)

“act” includes omission (and similar references, including references to doing anything, are to be construed accordingly);

(b)

“child” means a person under the age of 18;

(c)

a reference to a “part” of the United Kingdom is to—

(i)

England and Wales,

(ii)

Scotland, or

(iii)

Northern Ireland.

(4)

Where—

(a)

a person (D1) arranges for another person (D2) to engage in conduct towards or in respect of a child, and

(b)

D2 engages in that conduct,

D1 is to be treated for the purposes of this section and section 49 as also having engaged in that conduct.

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(6)

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36C insert—

“Crime and Policing Act 2026 (c. 20)

36D

An offence under any of the following provisions of the Crime and Policing Act 2026—

section 48 (child criminal exploitation)”.

Annotations

Commencement

I1: S. 48 not in force at Royal Assent, see s. 255(7)