Paragraph 21 F1

(1)

In this Schedule—

“the court” is to be construed in accordance with paragraph 12;
“forfeitable property” is to be construed in accordance with paragraph 1(2);
“premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act); and
“the relevant officer” is to be construed in accordance with paragraph 3.

(2)

For the purposes of this Schedule the circumstances in which a person (“P”) has a legitimate reason for possessing an indecent photograph of a child (“C”) include where—

(a)

the photograph was of C aged 16 or over,

(b)

one or both of the following sub-paragraphs apply—

(i)

P and C are married, are civil partners of each other or are living together as partners in an enduring family relationship,

(ii)

P and C were married, were civil partners of each other or were so living together at the time P obtained the photograph,

(c)

the photograph shows C alone or with P, but does not show any other person,

(d)

C has consented to the photograph being in P's possession (and that consent has not been withdrawn), and

(e)

P owns, or is authorised (directly or indirectly) by the owner, to possess the photograph.

Annotations

Textual amendments

F1: Sch. inserted (1.4.2008) by Police and Justice Act 2006 (c. 48), ss. 39(45), 53(1), Sch. 11; S.I. 2008/790, art. 2(c)

Notes on Schedule

Modifications

C1: Sch. applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 67(1)(b), 182(5) (with s. 180, Sch. 22 para. 12(2)); S.I. 2010/816, art. 2, Sch. para. 1
C2: Sch. applied (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 69(5)(b), 88(1); S.I. 2015/820, reg. 2(m)