Section 1B Exception for criminal proceedings, investigations etc.F1

England and Wales

(1)

In proceedings for an offence under section 1(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if F2the defendant proves that—

(a)

it was necessary for F3the defendant to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b)

at the time of the offence charged the defendant was a member of the Security Service F4or the Secret Intelligence Service, and it was necessary for the defendant to make the photograph or pseudo-photograph for the exercise of any of the functions of F5that Service, F6...

(c)

at the time of the offence charged the defendant was a member of GCHQ , and it was necessary for the defendant to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQF7, or

(d)

the defendant—

(i)

was at the time of the offence charged a member of OFCOM, employed or engaged by OFCOM, or assisting OFCOM in the exercise of any of their online safety functions (within the meaning of section 235 of the Online Safety Act 2023), and

(ii)

made the photograph or pseudo-photograph for the purposes of OFCOM’s exercise of any of those functions.

(2)

In this section “ GCHQ ” has the same meaning as in the Intelligence Services Act 1994.

F8(3)

In this section “OFCOM” means the Office of Communications.

Annotations

Textual amendments

F1: S. 1B inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42) , ss. 46(1) , 141 ; S.I. 2004/874 , art. 2
F2: Words in s. 1B(1) substituted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(2)(a), 240(4)
F3: Words in s. 1B(1) substituted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(2)(b), 240(4)
F4: Words in s. 1B(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(2)(a), 153(2)(b)
F5: Words in s. 1B(1)(b) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(2)(b), 153(2)(b)
F6: Word in s. 1B(1)(b) omitted (26.10.2023) by virtue of Online Safety Act 2023 (c. 50), ss. 214(2)(c), 240(4)
F7: S. 1B(1)(d) and word inserted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(2)(d), 240(4)
F8: S. 1B(3) inserted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(3), 240(4)