Change 1 Article Choose an article Title and introductory text 1 Duty to investigate certain deaths 2 Request for other coroner to conduct investigation 3 Direction for other coroner to conduct investigation 4 Discontinuance where cause of death becomes clear before inquest 5 Matters to be ascertained 6 Duty to hold inquest 7 Whether jury required 8 Assembling a jury 9 Determinations and findings by jury 9A Surrender of electronic communications devices by jurors 9B Surrender of electronic communications devices: powers of search etc 9C Inquests without jury to be conducted at hearing or in writing 10 Determinations and findings to be made 11 Duty or power to suspend or resume investigations 11A Investigations and inquests into Troubles-related deaths 12 Investigation in Scotland 13 Investigation in England and Wales despite body being brought to Scotland 14 Post-mortem examinations 15 Power to remove body 16 Investigations lasting more than a year 17 Monitoring of and training for investigations into deaths of service personnel 18 Notification by medical practitioner to senior coroner 18A Medical examiners: England 18B Medical examiners: Wales 19 Medical examiners : supplementary 20 Medical certificate of cause of death 21 National Medical Examiner 22 Coroner areas 23 Appointment etc of senior coroners, area coroners and assistant coroners 24 Provision of staff and accommodation 32 Powers of coroners 33 Offences 34 Allowances, fees and expenses 35 Chief Coroner and Deputy Chief Coroners 36 Reports and advice to the Lord Chancellor from the Chief Coroner 37 Regulations about training 41 Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner 42 Guidance by the Lord Chancellor 43 Coroners regulations 45 Coroners rules 46 Abolition of the office of coroner of the Queen's household 47 “Interested person” 48 Interpretation: general 49 Amendments to the Coroners Act (Northern Ireland) 1959 50 Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 52 Persons suffering from diminished responsibility (England and Wales) 53 Persons suffering from diminished responsibility (Northern Ireland) 54 Partial defence to murder: loss of control 55 Meaning of “qualifying trigger” 56 Abolition of common law defence of provocation 57 Infanticide (England and Wales) 58 Infanticide (Northern Ireland) 59 Encouraging or assisting suicide (England and Wales) 60 Encouraging or assisting suicide (Northern Ireland) 61 Encouraging or assisting suicide: information society services 62 Possession of prohibited images of children 63 Exclusion of classified film etc 64 Defences 65 Meaning of “image” and “child” 66 Penalties 67 Entry, search, seizure and forfeiture 68 Special rules relating to providers of information society services 69 Indecent pseudo-photographs of children: marriage etc 70 Genocide, crimes against humanity and war crimes 71 Slavery, servitude and forced or compulsory labour 72 Conspiracy 73 Abolition of common law libel offences etc 74 Qualifying offences 75 Qualifying criminal investigations 76 Investigation anonymity orders 77 Applications 78 Conditions for making order 79 Appeal against refusal of order 80 Discharge of order 81 Delegation of functions 82 Public interest immunity 83 Review 84 Application to armed forces 85 Interpretation of this Chapter 86 Witness anonymity orders 87 Applications 88 Conditions for making order 89 Relevant considerations 90 Warning to jury 91 Discharge or variation of order 92 Discharge or variation after proceedings 93 Discharge or variation by appeal court 94 Special provisions for service courts 95 Public interest immunity 96 Power to make orders under the 2008 Act 97 Interpretation of this Chapter 98 Eligibility for special measures: age of child witnesses 99 Eligibility for special measures: offences involving weapons 100 Special measures directions for child witnesses 101 Special provisions relating to sexual offences 102 Evidence by live link: presence of supporter 103 Video recorded evidence in chief: supplementary testimony 105 Age of child complainant 106 Directions to attend through live link 107 Answering to live link bail 108 Searches of persons answering to live link bail 109 Use of live link in certain enforcement hearings 110 Direction of registrar for appeal hearing by live link 111 Effect of admission of video recording 112 Admissibility of evidence of previous complaints 113 Powers in respect of offenders who assist investigations and prosecutions 114 Bail: risk of committing an offence causing injury 115 Bail decisions in murder cases to be made by Crown Court judge 116 Indictment of offenders 117 Detention of persons under section 41 of the Terrorism Act 2000 118 Sentencing Council for England and Wales 118A Business plan 119 Annual report 120 Sentencing guidelines 121 Sentencing ranges 122 Allocation guidelines 123 Preparation or revision of guidelines in urgent cases 124 Proposals by Lord Chancellor or Court of Appeal 125 Sentencing guidelines: duty of court 126 Determination of tariffs etc 127 Resource implications of guidelines 128 Monitoring 129 Promoting awareness 130 Resources: effect of sentencing practice 131 Resources: effect of factors not related to sentencing 132 Duty to assess impact of policy and legislative proposals 133 Assistance by the Lord Chancellor 134 Entrenchment of Lord Chancellor's functions 135 Abolition of existing sentencing bodies 136 Interpretation of this Chapter 137 Extension of driving disqualification 138 Dangerous offenders: terrorism offences (England and Wales) 139 Dangerous offenders: terrorism offences (Northern Ireland) 140 Appeals against certain confiscation orders (England and Wales) 141 Appeals against certain confiscation orders (Northern Ireland) 142 Commissioner for Victims and Witnesses 143 Implementation of E-Commerce and Services directives: penalties 144 Treatment of convictions in other member States etc 145 Transfer to Parole Board of functions under the Criminal Justice Act 1991 146 Retention of knives surrendered or seized (England and Wales) 147 Retention of knives surrendered or seized (Northern Ireland) 148 Security in tribunal buildings 154 Damages-based agreements relating to employment matters 155 Exploitation proceeds orders 156 Qualifying offenders 157 Qualifying offenders: service offences 158 Qualifying offenders: supplementary 159 Relevant offences 160 Deriving a benefit 161 Applications 162 Determination of applications 163 Limits on recoverable amount 164 The available amount 165 Property 166 Effect of conviction being quashed etc 167 Powers of court on repeat applications 168 Additional proceeds reporting orders 169 Exploitation proceeds investigations 170 Functions of Serious Organised Crime Agency 171 Limitation 172 Interpretation of this Part 173 Assessment notices 174 Data-sharing code of practice 175 Further amendments of the Data Protection Act 1998 (c. 29) 176 Orders, regulations and rules 177 Consequential etc amendments and transitional and saving provisions 178 Repeals 179 Financial provision 180 Effect of amendments to provisions applied for purposes of service law 181 Extent 182 Commencement 183 Short title Schedule 1 Duty or power to suspend or resume investigations SCHEDULE 1A Investigations and inquests into Troubles-related deaths Schedule 2 Coroner areas Schedule 3 Appointment etc of senior coroners, area coroners and assistant coroners Schedule 5 Powers of coroners Schedule 6 Offences Schedule 7 Allowances, fees and expenses Schedule 8 Chief Coroner and Deputy Chief Coroners Schedule 10 Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner Schedule 11 Amendments to the Coroners Act (Northern Ireland) 1959 Schedule 12 Encouraging or assisting suicide: providers of information society services Schedule 13 Prohibited images: providers of information society services Schedule 14 Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 Schedule 15 The Sentencing Council for England and Wales Schedule 16 Extension of disqualification for driving Schedule 17 Treatment of convictions in other member States etc Schedule 19 Exploitation proceeds investigations Schedule 20 Amendments of the Data Protection Act 1998 (c. 29) Schedule 21 Minor and consequential amendments Schedule 22 Transitional, transitory and saving provisions Schedule 23 Repeals
What to do with it
As published
64 Defences
(1) Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—
(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
(c) that the person—
(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.
(2) In this section “prohibited image” has the same meaning as in section 62.
Your wording
Your change, as a redline
64 Defences
(1) Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—
(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
(c) that the person—
(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.
(2) In this section “prohibited image” has the same meaning as in section 62.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.