A sentence of 18 months’ imprisonment was appropriate for an offender who had pleaded guilty to making and possessing indecent photographs of children. An extended sentence was not justified as there was no evidence of dangerousness in relation to contact with children.
CRIMINAL JUSTICE ACT 1988 s.160(1) DANGEROUSNESS EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) SENTENCE LENGTH SENTENCING
Where a defendant had taken indecent photographs of a 17-year-old girl following intercourse on a “one night stand”, the judge had been correct to reject an argument that the situation came within the terms of the defence set out in the Protection of Children Act 1978 s.1A.
AGE art.10 art.6 CONSENT CRIMINAL LAW DEFENCES EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INCIDENT OCCURRING ON “ONE NIGHT STAND” INDECENT PHOTOGRAPHS OF CHILDREN PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1 s.1(1) s.1(1)(b) s.13 s.1A s.1A(1) s.1A(4) s.76 WHETHER SITUATION CAME WITHIN S.1A PROTECTION OF CHILDREN ACT 1978
Arrangements to provide defence lawyers with the relevant material for the sole purpose of discharging their professional responsibilities to their client, and the acceptance by them of access to such material for that purpose, could not, in any circumstances, be regarded as criminal. Where, in the course of proceedings concerning the making and possession of indecent photographs of a child, the trial judge had ordered the prosecution to make copies of the images for his use, with the defence to be shown an identical copy, and the prosecution had given notice that it would not comply with that order, the proceedings had rightly been stayed as an abuse of process.
ABUSE OF PROCESS COURT ORDERING PROVISION OF PROHIBITED MATERIAL FOR PURPOSE OF CONDUCTING DEFENCE CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 1988 s.160(1) CRIMINAL JUSTICE ACT 2003 s.58 CRIMINAL PROCEDURE ENTITLEMENT TO STAY PROCEEDINGS AS ABUSE OF PROCESS INDECENT PHOTOGRAPHS OF CHILDREN JUDGMENTS AND ORDERS PROSECUTION DISCLOSURE PROSECUTION EVIDENCE PROSECUTION FAILING TO COMPLY WITH COURT ORDER PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) s.1 s.160 STAY OF PROCEEDINGS
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