Criminal Justice Act 2003

[F1 Indecent images: prisoner's non-disclosure of information U.K.

Textual Amendments

F1 Sch. 20B paras. 38, 39 and cross-headings inserted (E.W.) (4.1.2021) by Prisoners (Disclosure of Information About Victims) Act 2020 (c. 19), ss. 2(4), 3(2); S.I. 2020/1537, reg. 2

39 (1) The Board must comply with this paragraph when making a public protection decision about a prisoner if— U.K.

(a) the prisoner's sentence was passed for—

(i) an offence of taking an indecent photograph of a child, or

(ii) a relevant offence of making an indecent pseudo-photograph of a child;

(b) the Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c) the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2) When making the public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This paragraph does not limit the matters which the Board must or may take into account when making a public protection decision.

(4) For the purposes of this paragraph an offence is—

(a) an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

(b) a “relevant offence of making an indecent pseudo-photograph of a child” if—

(i) it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

(ii) the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and, in the application of this section to an offence of making an indecent pseudo-photograph of a child, the references in sub-paragraph (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the actual child.

(5) In this paragraph—

• “public protection decision”, in relation to a prisoner, means the decision made—

  (a)

  under paragraph 6(2) for the purposes of paragraph 6(1),

  (b)

  under paragraph 15(4) for the purposes of paragraph 15(3), or

  (c)

  under paragraph 25(3) for the purposes of paragraph 25(2),

  as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

• “relevant indecent image” means—

  (a)

  the photograph to which an offence of taking an indecent photograph of a child relates, or

  (b)

  the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.]