{
  "url": "https://openlegislation.uk/protection-of-children-act-1978/schedule/paragraph-21",
  "json_url": "https://openlegislation.uk/protection-of-children-act-1978/schedule/paragraph-21.json",
  "legislation": "ukpga/1978/37",
  "legislation_title": "Protection of Children Act 1978",
  "legislation_url": "https://openlegislation.uk/protection-of-children-act-1978",
  "path": "schedule/paragraph/21",
  "kind": "paragraph",
  "number": "21",
  "heading": null,
  "text": "(1) In this Schedule—\n“the court” is to be construed in accordance with paragraph 12;\n“forfeitable property” is to be construed in accordance with paragraph 1(2);\n“premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act); and\n“the relevant officer” is to be construed in accordance with paragraph 3.\n(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—\n(a) the photograph was of C aged 16 or over,\n(b) one or both of the following sub-paragraphs apply—\n(i) P and C are married, are civil partners of each other or are living together as partners in an enduring family relationship,\n(ii) P and C were married, were civil partners of each other or were so living together at the time P obtained the photograph,\n(c) the photograph shows C alone or with P, but does not show any other person,\n(d) C has consented to the photograph being in P's possession (and that consent has not been withdrawn), and\n(e) P owns, or is authorised (directly or indirectly) by the owner, to possess the photograph.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1978/37/schedule/paragraph/21",
    "retrieved_at": "2026-10-29T10:21:48.620806+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}