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The age of the child is a relevant consideration ( R v Owen (1988) 86 Cr. The issue is not to be decided by reference to the categories of image identified for sentencing purposes. Whilst members of a jury are representative of the public, it remains essential for them to consider the issue of indecency by reference to an objective test, rather than applying their wholly subjective views of the matter ( R v Neal EWCA Crim 461). This is an issue for the tribunal of fact to decide in accordance with recognised standards of propriety ( R v Stamford 56 Cr. Section 160 of the Criminal Justice Act 1988 (CJA 1988)īoth provisions create offences in respect of:.Section 1 of the Protection of Children Act 1978 (PCA 1978) and.The two main offence creating provisions are: Indecent Images of Children– The Offences Public Interest and Out of Court Disposals.Opening a Streamlined Approach to the Court.Streamlined Approach to Low-Risk Offenders.Charging ‘Possession’ or Charging ‘Making’?.

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  • Photograph/Pseudo-Photograph or Prohibited Image?.
  • Prohibited Images of Children - Defences.
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    Indecent Images of Children - The Defences.Section 160 of the Criminal Justice Act 1988.Section 1 of the Protection of Children Act 1978.Indecent Images of Children – The Offences.










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