Section 92 Preventing or deterring a person from complying with duty to report suspected child sex offenceI1

England and Wales Not yet in force

(1)

A person commits an offence if they—

(a)

know that a person is under a duty under section 85, and

(b)

engage in any conduct with the intention of preventing or deterring that person from complying with that duty.

(2)

It is a defence for a person charged with an offence under this section to show that the conduct alleged to constitute the offence consisted only of making representations about the timing of a notification under section 85 in light of the best interests of any person whom they reasonably believe to be a relevant child.

(3)

A person is taken to show the fact mentioned in subsection (2) if—

(a)

sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(4)

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

(a)

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

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

Annotations

Commencement

I1: S. 92 not in force at Royal Assent, see s. 255(1)