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

Making Indecent Images of Children is an offence under s.1 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)); the section also makes it an offence to distribute or show such photographs or pseudo-photographs, to possess them with a view to their being distributed or shown by himself or others, or to publish an advertisement likely to be understood as conveying that the advertiser distributes or shows them or intends to do so (s.1(1)(b) to (d)). "Child" means a person under the age of 18 (s.7(6)); references to a photograph include the negative as well as the positive version and data stored on a computer disc or by other electronic means which is capable of conversion into a photograph (s.7(4)); "film" includes any form of video-recording (s.7(5)); and "pseudo-photograph" means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph (s.7(7)). Proceedings for an offence under the Act may be instituted only by or with the consent of the Director of Public Prosecutions (s.1(3)). Maximum sentence: offences under the Act are punishable either on conviction on indictment or on summary conviction (s.6(1)); 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 for the purposes of s.32 Magistrates' Courts Act 1980, 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).