EWCA Crim 1929 | England and Wales Court of Appeal (Criminal Division) This case involved the elements of the law required to be proven for an individual to be in legal possession of a digital file. These proceeding arose as a result of an appeal against conviction for the possession of indecent images of a […]
Criminal Justice and Immigration Act 2008
Section 63 – Possession of extreme pornographic images Section 63 of the Criminal Justice and Immigration Act 2008 cites the offence for the possession of extreme pornography. This act is frequently encountered when dealing with criminal cases involving computer based evidence and is set out below. 63 Possession of extreme pornographic images (1) It is […]
Stated Cases – Protection of Children Act and Criminal Justice Act
There have been some landmark cases that have applied the Protection of Children Act 1978 and section 160 of the Criminal Justice Act 1988 with varying effect; the most important ones are listed below. Determination of the Age of a Child The age of a child is ultimately for the jury to determine. See R […]
Indecent Images of Children – Points of Consideration for the Defence
Defences to Section 1 Protection of Children Act 1978 – Making Indecent Images of Children The following are the only defences to section 1(1)(a) and section 1(1)(d) of the PCA 1978: section 1A of the Protection of Children Act which covers marriage, etc. of a child aged 16 or 17) or section 1B of the […]
Indecent Images of Children – The Law
The two main offence provisions in relation to indecent images of children are section 1 of the Protection of Children Act 1978 (PCA 1978) and section 160 of the Criminal Justice Act 1988 (CJA 1988). The PCA 1978 addresses certain aspects of the sexual exploitation of children by penalizing the making, distribution, showing and advertisement […]
