Making Indecent Photographs of Children (Section 1 Protection of Children Act 1978)

Making Indecent Photographs of Children is an offence under s.1(1)(a) Protection of Children Act 1978. Subject to sections 1A and 1B, it is an offence for a person to take, or permit to be taken or to make, any indecent photograph or pseudo-photograph of a child (s.1(1)(a)). A child is a person under the age of 18 (s.7(6)), a photograph includes data stored on a computer disc or by other electronic means which is capable of conversion into a photograph (s.7(4)), and a pseudo-photograph is an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph (s.7(7)). Proceedings shall not be instituted except by or with the consent of the Director of Public Prosecutions (s.1(3)). Maximum sentence: on conviction on indictment, imprisonment for a term of not more than ten years, or a fine, or both (s.6(2)); on summary conviction, imprisonment for a term not exceeding six months, or a fine not exceeding the prescribed sum, or both (s.6(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).