Crime and Policing Act 2026
2026 Chapter 20
An Act to make provision about anti-social behaviour, offensive weapons, offences against people (including sexual offences), property offences, the criminal exploitation of persons, sex offenders, stalking and public order; to make provision about powers of the police, the border force and other similar persons; to make provision about confiscation; to make provision about the police; to make provision about terrorism and national security, and about international agreements relating to crime; to make provision about the criminal liability of bodies; and for connected purposes.
[29th April 2026]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
(2) Before Part 1 insert—
Part A1 Respect orders
Respect orders
Power to make respect orders
A1 (1) A court may make an order under this section (a “respect order”) against a person aged 18 or over (“the respondent”) if—
(a) the court is satisfied, on the balance of probabilities, that the respondent has engaged in or threatens to engage in anti-social behaviour, and
(b) the court considers it just and convenient to make the order for the purpose of preventing the respondent from engaging in anti-social behaviour.
(2) A respect order may for the purpose of preventing the respondent from engaging in anti-social behaviour—
(a) prohibit the respondent from doing anything described in the order;
(b) require the respondent to do anything described in the order.
(3) Prohibitions and requirements in a respect order must, so far as practicable, be such as to avoid—
(a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment;
(b) any conflict with the requirements of any other court order or injunction to which the respondent is subject.
(4) A respect order must—
(a) specify the period for which it has effect, or
(b) state that it has effect until further order.
(5) A respect order may specify periods for which particular prohibitions or requirements have effect.
(6) A respect order may be made only on the application of a relevant authority.
(7) An application for a respect order may be made to the High Court or the county court.
(8) A court may treat an application for a respect order as an application under section 1A (power to grant housing injunctions) for an injunction under that section.
(9) In this Part, “anti-social behaviour” means conduct that has caused, or is likely to cause, harassment, alarm or distress to any person.
Section A1: meaning of “relevant authority”
B1 (1) This section applies for the purposes of section A1.
(2) “Relevant authority” means—
(a) a local authority,
(b) a housing provider,
(c) the chief officer of police for a police area,
(d) the chief constable of the British Transport Police Force,
(e) Transport for London,
(f) Transport for Greater Manchester,
(g) the Environment Agency,
(h) the Natural Resources Body for Wales,
(i) the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or
(j) the Welsh Ministers exercising security management functions, or a person exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person.
(3) In subsection (2) “security management functions” means—
(a) the Secretary of State’s security management functions within the meaning given by section 195(3) of the National Health Service Act 2006;
(b) the functions of the Welsh Ministers corresponding to those functions.
(4) A housing provider may make an application for a respect order only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.
(5) For the purposes of subsection (4) the housing management functions of a housing provider include—
(a) functions conferred by or under an enactment;
(b) the powers and duties of the housing provider as the holder of an estate or interest in housing accommodation.
(6) In subsection (5), “housing accommodation” includes—
(a) flats, lodging-houses and hostels;
(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
(c) any common areas used in connection with the accommodation.
(7) The Secretary of State may by regulations—
(a) amend this section;
(b) amend section N1 in relation to expressions used in this section.
Contents of respect orders
Power to exclude person from home in cases of violence or risk of harm
C1 (1) A respect order may have the effect of excluding the respondent from the place where the respondent normally lives (“the premises”) only if two conditions are met.
(2) The first condition is that the order is made on the application of—
(a) a local authority,
(b) the chief officer of police for the police area that the premises are in, or
(c) if the premises are owned or managed by a housing provider, that housing provider.
(3) The second condition is that the court considers that—
(a) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or
(b) there is a significant risk of harm to other persons from the respondent.
(4) For the purposes of this section a housing provider owns premises if—
(a) the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or
(b) the housing provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of 3 years or more.
Requirements included in respect orders
D1 (1) A respect order that includes a requirement must specify the person (“the supervisor”) who is to be responsible for supervising compliance with the requirement.
The supervisor may be an individual or an organisation.
(2) Before including a requirement, the court must receive evidence about its suitability and enforceability from—
(a) the individual to be specified as the supervisor, if an individual is to be specified;
(b) an individual representing the organisation to be specified as the supervisor, if an organisation is to be specified.
(3) Before including two or more requirements, the court must consider their compatibility with each other.
(4) Where a court includes in a respect order a requirement the effect of which the court considers is to require the respondent to participate in a particular activity—
(a) the court must declare the requirement to be an “activity requirement” for the purposes of this Part, and
(b) the order must specify that the court has done so.
(5) It is the duty of a person specified as the supervisor in relation to a requirement—
(a) to make any necessary arrangements in connection with the requirements for which the supervisor has responsibility (the “relevant requirements”);
(b) to promote the respondent’s compliance with the relevant requirements;
(c) to inform the person who applied for the order and (if different) the appropriate chief officer of police if the supervisor considers that the respondent has complied with all the relevant requirements.
(6) If the supervisor considers that the respondent has failed to comply with a relevant requirement, the supervisor must inform the person who applied for the order and (if different) the appropriate chief officer of police unless—
(a) the supervisor considers that the respondent had a reasonable excuse for the failure, or
(b) section H1 applies (duty to give warning for breach of activity requirement).
(7) A respondent subject to a requirement included in a respect order must—
(a) keep in touch with the supervisor in relation to that requirement, in accordance with any instructions given by the supervisor from time to time;
(b) notify the supervisor of any change of address.
These obligations have effect as requirements of the order.
(8) In this section, “the appropriate chief officer of police” means—
(a) the chief officer of police for the police area in which it appears to the supervisor that the respondent lives, or
(b) if it appears to the supervisor that the respondent lives in more than one police area, whichever of the relevant chief officers of police the supervisor considers it most appropriate to inform.
Procedure
Applications without notice
E1 (1) An application for a respect order may be made without notice being given to the respondent.
(2) If an application is made without notice, the court must do one of the following—
(a) adjourn the proceedings and make an interim order (see section F1);
(b) adjourn the proceedings without making an interim order;
(c) dismiss the application.
(3) Rules of court may provide that an appeal from a decision of the High Court or the county court—
(a) to dismiss an application for a respect order made without notice being given to the respondent, or
(b) to refuse to make an interim order when adjourning proceedings following such an application,
may be made without notice being given to the respondent.
Interim respect orders
F1 (1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for a respect order.
(2) The court may make a respect order lasting until the final hearing of the application or until further order (an “interim respect order”) if the court considers it just to do so.
(3) An interim respect order made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities.
(4) Subject to that, the court has the same powers in relation to an interim respect order as it has in relation to a respect order made at a final hearing.
Variation and discharge of respect orders
G1 (1) The court may vary or discharge a respect order on the application of—
(a) the person who applied for the order, or
(b) the respondent.
(2) In subsection (1) “the court” means the court that made the order.
(3) The power to vary an order includes power to include an additional prohibition or requirement in the order, or to extend the period for which a prohibition or requirement has effect.
(4) If an application under this section is dismissed, the party who made the dismissed application may make no further application under this section without—
(a) the consent of the court, or
(b) the agreement of the other party.
(5) Section D1 applies to additional requirements included under subsection (3) as it applies to requirements included in a new order.
Breaches of respect orders
Duty to give warning for breach of activity requirement
H1 (1) This section applies where—
(a) the supervisor responsible for an activity requirement is of the opinion that the respondent has without reasonable excuse failed to comply with the requirement, and
(b) the respondent has not been given a warning under this section in relation to the requirement within the period of 12 months ending with the date of the failure.
(2) The supervisor must give the respondent a warning in relation to the requirement which—
(a) must be in writing,
(b) must describe the circumstances of the failure to comply, and
(c) must inform the respondent that if the respondent breaches the activity requirement again within the period of 12 months beginning with the date on which the warning is given, the respondent will be liable to prosecution under section I1.
(3) A warning under this section may be given to a person—
(a) by hand, or
(b) by sending it by first class post addressed to the person at the person’s last known address.
(4) As soon as practicable after giving a warning under this section, the supervisor must record that fact.
(5) In this section, “supervisor” has the meaning given by section D1(1).
Offence of breach of respect order
I1 (1) It is an offence for a person without reasonable excuse—
(a) to do anything the person is prohibited from doing by a respect order, or
(b) to fail to do anything the person is required to do by a respect order.
(2) Subsection (1)(b) does not apply in relation to a failure to comply with an activity requirement unless, within the period of 12 months ending with the date of the failure, the person has been given a warning under section H1 in relation to that requirement.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine (or both).
(4) Where a person is convicted of an offence under this section it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
(5) In proceedings for an offence under this section, a copy of the original order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
Supplementary
Requirement to carry out risk assessment
J1 (1) A person applying for a respect order must before doing so carry out a risk assessment in relation to the application.
(2) A risk assessment, in relation to an application for a respect order, is an assessment of—
(a) the risk of any person being caused harassment, alarm or distress by the respondent’s conduct,
(b) any vulnerabilities of the respondent,
(c) any alternative means of preventing the respondent from engaging in anti-social behaviour, and
(d) such other matters as the person considers relevant.
(3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section M1.
Requirements to give notice of applications
K1 (1) A person applying for a respect order must before doing so inform any person the applicant considers appropriate of the application.
(2) Subsection (1) does not apply to a without-notice application.
(3) Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must inform any other person the applicant considers appropriate of the application.
(4) A person applying for variation or discharge of a respect order made on that person’s application must before doing so inform any other person the applicant considers appropriate of that application.
(5) In this section—
“on-notice hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;
“without-notice application” means an application made without notice under section E1.
Special measures for witnesses
L1 (1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to proceedings under this Part as it applies to criminal proceedings, but with—
(a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and
(b) any other necessary modifications.
(2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to proceedings under this Part—
(a) to the extent provided by rules of court, and
(b) subject to any modifications provided by rules of court.
(3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—
(a) to a direction under section 19 of that Act as applied by this section;
(b) to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
(4) This section does not affect the application of any provision of that Act to criminal proceedings relating to an offence under section I1 of this Act.
Guidance
M1 (1) The Secretary of State may issue guidance to persons entitled to apply for orders under section A1 (see section B1) about the exercise of their functions under this Part.
(2) The Secretary of State may revise any guidance issued under this section.
(3) Before issuing or revising guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(4) Subsection (3) does not apply to revisions that the Secretary of State considers are not substantial.
(5) The requirement in subsection (3) to consult before issuing guidance may be satisfied by consultation carried out wholly or partly before this section comes into force.
(6) The Secretary of State must arrange for any guidance issued or revised under this section to be published.
Interpretation etc
N1 (1) In this Part—
“activity requirement” means a requirement which the court has declared to be an activity requirement for the purposes of this Part (see section D1(4));
“anti-social behaviour” has the meaning given by section A1(9);
“harm” includes serious ill-treatment or abuse, whether physical or not;
“housing provider” means—
a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985) that is a charity,
a housing action trust established under section 62 of the Housing Act 1988,
in relation to England, a non-profit private registered provider of social housing,
in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996, or
any body (other than a local authority or a body within paragraphs (a) to (d)) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985;
“local authority” means—
in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council;
“respect order” means an order under section A1;
“respondent” has the meaning given by section A1(1).
(2) A person’s age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.
(3) In section 182(2) (orders and regulations subject to affirmative resolution procedure), before paragraph (a) insert—
(za) regulations under section B1(7),
.
2 Youth injunctions, housing injunctions and consequential amendments
(1) Part 1 of Schedule 1 amends the Anti-social Behaviour, Crime and Policing Act 2014 to—
(a) confine the power to grant an injunction under section 1 of that Act to the granting of injunctions against persons aged 10 or over but under 18, and
(b) provide for the granting of injunctions against persons aged 18 or over for the purpose of preventing them from engaging in certain conduct capable of causing nuisance or annoyance relating to the occupation or management of housing.
(2) Part 2 of Schedule 1 contains consequential amendments of other Acts.
(3) The amendments made by Schedule 1 do not apply in relation to—
(a) injunctions under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 granted before the commencement day,
(b) applications for such an injunction made before the commencement day, or
(c) injunctions granted on such an application (even if granted after the commencement day).
(4) In subsection (3) “the commencement day” means the day on which Schedule 1 comes into force.
3 Maximum period for certain directions, notices and orders
(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
(2) In section 35 (directions excluding a person from an area)—
(a) in subsection (4), for “48 hours” substitute “72 hours”;
(b) after subsection (7) insert—
(7A) A police officer of at least the rank of inspector must review each direction given under this section that specifies an exclusion period exceeding 48 hours as soon as reasonably practicable after the expiry of the 48 hours.
;
(c) in subsection (8), for “48 hours” substitute “72 hours”.
(3) In section 77 (duration of closure notices)—
(a) in subsection (1), for “24 hours” substitute “48 hours”;
(b) in subsections (2) and (3), for “48 hours” substitute “72 hours”.
(4) In section 81 (temporary orders), in subsection (2), for “48 hours” substitute “72 hours”.
(5) After section 83 insert—
Power of Secretary of State to change maximum duration of closure orders
83A (1) The Secretary of State may by regulations amend this Chapter so as to alter—
(a) the maximum period that a closure order under section 80 may specify as the period for which access to the premises is prohibited;
(b) the maximum period for which a closure order may be extended under section 82;
(c) the maximum duration of a closure order extended under section 82.
(2) Regulations under this section may make different provision for different purposes.
(3) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(6) In section 182(2) (orders and regulations), after paragraph (b) insert—
(ba) regulations under section 83A,
.
(1) In Schedule 5 to the Police Reform Act 2002 (powers exercisable by accredited persons), in paragraph 1(2), after paragraph (ac) insert—
(ad) the power of an authorised person to issue a fixed penalty notice under section 52 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of failure to comply with community protection notice);
(ae) the power of a constable or an authorised person to issue a fixed penalty notice under section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of offences relating to public spaces protection orders and expedited orders);
.
(2) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in subsections (3) to (6).
(3) In section 52 (fixed penalty notices), in subsection (7), for “£100” substitute “£500”.
(4) In section 56 (guidance)—
(a) at the beginning insert—
(A1) The Secretary of State must issue—
(a) guidance to chief officers of police about the issue of fixed penalty notices under section 52 by officers under their direction or control, and
(b) guidance to local authorities about the issue of fixed penalty notices under section 52 by local authorities and persons designated under section 53(1)(c).
;
(b) in subsection (1)(a), after “those officers’” insert “other”;
(c) in subsection (1)(b)—
(i) after “their” insert “other”;
(ii) for “those” substitute “other functions”;
(d) after subsection (3) insert—
(4) The Secretary of State must comply with the duty in subsection (A1)(a) and (b) within 6 months of the day on which the Crime and Policing Act 2026 is passed.
(5) In section 68 (fixed penalty notices), in subsection (6), for “£100” substitute “£500”.
(6) In section 73 (guidance)—
(a) at the beginning insert—
(A1) The Secretary of State must issue guidance to local authorities about the issue of fixed penalty notices under section 68 by persons authorised by local authorities under that section.
;
(b) in subsection (1)(a), for “those” substitute “other functions”;
(c) after subsection (3) insert—
(4) The Secretary of State must comply with the duty in subsection (A1) within 6 months of the day on which the Crime and Policing Act 2026 is passed.
5 Closure of premises by registered social housing provider
Schedule 2 amends Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 so as to enable registered social housing providers to close premises that they own or manage which are associated with nuisance and disorder.
7 Provision of information about anti-social behaviour to Secretary of State
In Part 6 of the Anti-social Behaviour, Crime and Policing Act 2014 (local involvement and accountability), at the end insert—
Information relating to anti-social behaviour
Provision of information to Secretary of State
105A (1) The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour.
(2) The information that regulations may require a relevant authority to provide includes in particular information about—
(a) reports of anti-social behaviour made to the authority,
(b) responses of the authority to anti-social behaviour, and
(c) ASB case reviews carried out by the relevant authority.
(3) The regulations may require a relevant authority to—
(a) collect or otherwise obtain information,
(b) create information,
(c) retain information, or
(d) process information (including by collating or analysing it),
for the purpose of providing information under the regulations.
(4) The regulations may make provision—
(a) requiring information to be provided at specified intervals or on specified occasions;
(b) about the form and manner in which information must be provided.
(5) The regulations may make different provision for different purposes.
(6) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(7) The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(8) In this section—
“anti-social behaviour” includes—
conduct that is anti-social behaviour for the purposes of any provision of this Act,
unreasonable conduct that has or is likely to have a detrimental effect, of a persistent or continuing nature, on the quality of life of those in a locality, and
the use of premises that has resulted or is likely to result in nuisance to members of the public, or that has been or is likely to be associated with disorder near the premises;
“ASB case review” has the same meaning as in section 104;
“relevant authority” means—
a person mentioned in section 5(1) (persons entitled to apply for injunctions under Part 1) other than the Secretary of State,
an integrated care board established under section 14Z25 of the National Health Service Act 2006 for an area in England, or
a Local Health Board for an area in Wales;
“specified” means specified in the regulations.
8 Seizure of motor vehicles used in manner causing alarm, distress or annoyance
(1) In section 59 of the Police Reform Act 2002 (vehicles used in manner causing alarm, distress or annoyance) omit subsections (4) and (5) (powers of seizure etc exercisable only if warning given, subject to certain exceptions).
(2) The amendment made by subsection (1) does not apply in relation to the use of a motor vehicle on any occasion before the coming into force of this section.
11 Offence of trespassing with intent to commit criminal offence
(1) A person commits an offence if the person trespasses on any premises with intent to commit an offence (whether or not on the premises).
(2) In subsection (1) “premises” means any building, part of a building or enclosed area.
(3) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both).
(1) A person commits an offence if, for gain, the person arranges or facilitates another person’s begging.
(2) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
(3) In subsection (2) “the maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
(b) if the offence is committed after that time, 51 weeks.
44 Application of Firearms Acts to sound moderators etc
(1) The Firearms Act 1968 is amended as follows.
(2) After section 2 insert—
Possession of a sound moderator or flash suppressor
2A (1) Subject to any exemption under this Act, it is an offence for a person to have in their possession a relevant accessory unless the person holds a firearm certificate or a shot gun certificate.
(2) “Relevant accessory” means an accessory to a firearm to which section 1 applies which is designed or adapted to diminish the noise or flash caused by firing the firearm.
(3) In section 57 (interpretation)—
(a) in subsection (1)—
(i) omit paragraph (d);
(ii) in the words after paragraph (d) omit “, and accessories to,”;
(b) in subsection (4)—
(i) after the definition of “registered” insert—
“relevant accessory” has the meaning given in section 2A;
;
(ii) in the definition of “shot gun”, omit the words from “and any” to the end.
(4) In Schedule 6 (prosecution and punishment of offences) after the entry for section 2(2) insert—
Section 2A | Possession of relevant accessory without certificate under this Act | Summary | A fine of level 3 on the standard scale
.
(5) Schedule 5 amends the exemptions in the Firearms Act 1968 and the Firearms (Amendment) Act 1988 to the requirement to hold a firearm or shot gun certificate.
(1) This section applies if—
(a) an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with section 52,
(b) a person is acquitted of any offence, by or before a court,
(c) the Crown Court allows a person’s appeal against a conviction for any offence, or
(d) the court deals with a person in respect of a finding that—
(i) the person is not guilty of any offence by reason of insanity, or
(ii) the person is under a disability and has done the act charged against them in respect of any offence.
(2) The court may make an order under section 51 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in subsections (3) to (5) are met.
(3) The first condition is that—
(a) in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or
(b) in a case within subsection (1)(d), the offence in question is an offence under section 48.
(4) The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.
(5) The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.
(6) In subsection (3)—
(a) in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this section comes into force;
(b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.
(7) In this section and sections 51 to 60—
(a) a reference to a person “engaging in child criminal exploitation” is to the person—
(i) doing anything that constitutes an offence under section 48 (as it has effect in England and Wales), or
(ii) doing anything in Scotland or Northern Ireland that would constitute an offence under section 48 (as it has effect in England and Wales) if done in England and Wales;
(b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).
(1) A relevant person may appeal to the relevant court against a decision made—
(a) on an application under section 52 (applications for CCE prevention orders);
(b) under section 54 (interim CCE prevention orders);
(c) on an application under section 57 (variation and discharge of CCE prevention orders).
(2) In this section—
“relevant court” means—
in the case of a decision of a magistrates’ court, the Crown Court;
in the case of a decision of the Crown Court, the Court of Appeal;
“relevant person” means—
the person who made the application to which the decision relates,
the defendant,
the chief officer of police for the police area in which the defendant lives, or
a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area.
(3) On an appeal under subsection (1) the relevant court may make—
(a) such orders as may be necessary to give effect to its determination of the appeal, and
(b) such incidental and consequential orders as appear to it to be appropriate.
(4) Where a CCE prevention order is made by virtue of paragraph (b), (c) or (d) of section 50(1), the defendant may appeal against the making of the order (so far as they could not otherwise do so) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence.
(5) Where a CCE prevention order is made on appeal, for the purposes of this Chapter (other than this section) the order is to be treated as made by the court from which the appeal was made.
(6) Rules of court may provide that an appeal from a decision—
(a) to dismiss an application for a CCE prevention order made without notice being given to the defendant, or
(b) to refuse to make an interim CCE prevention order when adjourning proceedings following such an application,
may be made without notice being given to the defendant.
(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with—
(a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and
(b) any other necessary modifications.
(2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter—
(a) to the extent provided by rules of court, and
(b) subject to any modifications provided by rules of court.
(3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—
(a) to a direction under section 19 of that Act as applied by this section;
(b) to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
(4) In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 48, 59 or 60.
(1) In sections 50 to 60—
“CCE prevention order”, except in paragraphs (b) and (c) of section 59(2), means an order under section 51 (and accordingly includes an interim order made by virtue of section 54);
“defendant” has the same meaning as in section 50;
“engaging in child criminal exploitation” has the meaning given by section 50 (and related expressions are to be construed accordingly).
(2) An application under this Chapter is to be made—
(a) by complaint, where the application is made to a magistrates’ court;
(b) in accordance with rules of court, in any other case.
(3) Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc) does not apply to a complaint under this Chapter.
(4) On the hearing of an application under this Chapter, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.
Schedule 6 amends Part 11 of the Sentencing Code (behaviour orders) so as to enable courts dealing with offenders in respect of offences to make CCE prevention orders.
68 Causing internal concealment of item for criminal purpose
(1) A person (“A”) commits an offence if—
(a) A intentionally causes a person other than A who is a child (“C”) to conceal a specified item inside C’s body, and
(b) the condition in subsection (3) is met.
(2) It does not matter whether the specified item gets inside C’s body by an act of A or C or another person.
(3) The condition is that A—
(a) knows or reasonably suspects that the specified item has been used in connection with criminal conduct, or
(b) intends the specified item to be, or knows or reasonably suspects that the specified item may be, used in connection with criminal conduct.
(4) A person (“A”) commits an offence if—
(a) any of the following occurs, where B is a person other than A who is not a child—
(i) A compels B to conceal a specified item inside B’s body,
(ii) A coerces or deceives B into concealing a specified item inside B’s body, or
(iii) A engages in controlling or manipulative behaviour towards B, as a result of which B conceals a specified item inside B’s body, and
(b) the condition in subsection (3) is met.
(5) It does not matter whether the specified item gets inside B’s body by an act of A or B or another person.
(6) A is to be treated as acting in a way mentioned in subsection (4)(a) where A intentionally causes another person to act in that way (as well as where A acts in that way themselves).
(7) In considering whether a person’s behaviour towards B is controlling or manipulative, regard may be had to the nature of the relationship between the person and B and to any of B’s personal circumstances which may make B more vulnerable than other persons.
(8) For the purposes of this section the following are specified items—
(a) controlled drugs within the meaning of the Misuse of Drugs Act 1971;
(b) psychoactive substances within the meaning of the Psychoactive Substances Act 2016;
(c) a mobile telephone;
(d) a SIM card;
(e) an electronic device;
(f) cash;
(g) a payment card;
(h) jewellery;
(i) any article made or adapted for use for causing injury to persons, or capable of causing serious injury to persons;
(j) any weapon to which section 141 of the Criminal Justice Act 1988 (offensive weapons) applies, as that section applies in England and Wales.
(9) The Secretary of State may by regulations amend this section for the purpose of changing the items which are specified items.
(10) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
(11) In this section—
“child” means a person under the age of 18;
“criminal conduct” means—
a criminal offence, or
anything done outside England and Wales which would constitute a criminal offence if done in England or Wales;
“electronic device” means any device on which information is capable of being stored electronically and includes any component of such a device;
“payment card” means a credit card, a charge card, a prepaid card or a debit card;
“SIM card” means a removable physical subscriber identity module.
(12) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 48 insert—
section 68 (causing internal concealment of item for criminal purpose)
.
(1) The Secretary of State may issue guidance to relevant officers about the exercise of their functions in connection with—
(a) the prevention, detection and investigation of offences under section 48;
(b) CCE prevention orders under section 51;
(c) CCE prevention orders within the meaning of Chapter 2A of Part 11 of the Sentencing Code (orders made on conviction);
(d) the prevention, detection and investigation of offences under section 65;
(e) the prevention, detection and investigation of offences under section 68.
(2) A relevant officer must have regard to any guidance issued under this section.
(3) “Relevant officer” means—
(a) a chief officer of police, within the meaning of section 101(1) of the Police Act 1996,
(b) the chief constable of the Ministry of Defence Police,
(c) the Chief Constable of the British Transport Police Force, and
(d) the Director General of the National Crime Agency.
(4) But subsections (1) and (2) do not apply to the exercise of functions in connection with the matters in subsection (1)(a) or (d) by—
(a) the Chief Constable of the British Transport Police Force, or
(b) the Director General of the National Crime Agency,
in relation to Scotland.
(5) The Secretary of State may revise any guidance issued under this section.
(6) Before issuing any guidance or revisions under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(7) Subsection (6) does not apply to revisions if the Secretary of State considers that they are not substantial.
(8) The Secretary of State must publish any guidance or revisions issued under this section.
(1) The Department of Justice in Northern Ireland (“the Department”) may issue guidance to the Chief Constable of the Police Service of Northern Ireland about the exercise of the Chief Constable’s functions in connection with—
(a) the prevention, detection and investigation of offences under section 48;
(b) the prevention, detection and investigation of offences under section 65;
(c) CCE prevention orders under Schedule 8.
(2) The Chief Constable of the Police Service of Northern Ireland must have regard to any guidance issued under this section.
(3) The Department may revise any guidance issued under this section.
(4) Before issuing any guidance or revisions under this section, the Department must consult such persons as it considers appropriate.
(5) Subsection (4) does not apply to revisions if the Department considers that they are not substantial.
(6) The Department must publish any guidance or revisions issued under this section.
83 Child sex offences: grooming aggravating factor
(1) In the Sentencing Code after section 70 insert—
Sexual grooming of child
70A (1) This section applies where—
(a) a court is considering the seriousness of a specified child sex offence,
(b) the offence is aggravated by grooming, and
(c) the offender was aged 18 or over when the offence was committed.
(2) The court—
(a) must treat the fact that the offence is aggravated by grooming as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) An offence is “aggravated by grooming” if—
(a) the offence was facilitated by, or involved, the offender grooming a person under the age of 18, or
(b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed.
The person groomed need not have been a victim of the offence.
(4) In this section “specified child sex offence” means—
(a) an offence within any of subsections (5) to (7), or
(b) an inchoate offence in relation to any such offence.
(5) An offence is within this subsection if it is—
(a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),
(b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),
(c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),
(d) an offence under any of sections 8A to 8C of that Act (rape and other offences against children under 16),
(e) an offence under any of sections 9 to 12 of that Act (other child sex offences),
(f) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence),
(g) an offence under any of sections 16 to 19 of that Act (abuse of position of trust),
(h) an offence under section 25 or 26 of that Act (familial child sex offences), or
(i) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children).
(6) An offence is within this subsection if it is—
(a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent),
(b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder),
(c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or
(d) an offence under any of sections 66 to 66B, 67 or 67A of that Act (offences relating to exposure, intimate images and voyeurism),
and the victim or intended victim was under the age of 18.
(7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.
(8) Nothing in this section prevents a court from treating any other grooming of a person as an aggravating factor.
(9) This section applies in relation to a person convicted of an offence on or after the day on which section 83 of the Crime and Policing Act 2026 comes into force.
(2) In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an offence), after subsection (7) insert—
(8) In section 70A of the Sentencing Code (sexual grooming of child as aggravating factor)—
(a) the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and
(b) the reference in subsection (1) to a specified child sex offence is to be read as including a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified child sex offence.
84 Power to scan for child sexual abuse images at the border
After section 164A of the Customs and Excise Management Act 1979 (powers to search for cash) insert—
Power to scan for child sexual abuse images
164B (1) This section applies if there are reasonable grounds to suspect that a person to whom section 164 applies is carrying an electronic device storing child sexual abuse images.
(2) If this section applies, an officer may—
(a) scan the information stored on the device using technology approved by the Secretary of State for the purpose of ascertaining whether information stored on an electronic device includes child sexual abuse images,
(b) require the person to permit the scan, and
(c) require the person to take such steps as appear necessary to allow the scan to be performed.
(3) In this section—
“child sexual abuse image” means—
in relation to England and Wales and Northern Ireland, an indecent photograph or pseudo-photograph of a child or a prohibited image of a child;
in relation to Scotland, an indecent photograph or pseudo-photograph of a child;
“electronic device” means any article on which information is capable of being stored in electronic form, and includes any component of such an article;
“indecent photograph or pseudo-photograph of a child” has—
in relation to England and Wales, the same meaning as in the Protection of Children Act 1978;
in relation to Scotland, the same meaning as in section 52 of the Civic Government (Scotland) Act 1982;
in relation to Northern Ireland, the same meaning as in the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17));
“prohibited image of a child” has the same meaning as in Chapter 2 of Part 2 of the Coroners and Justice Act 2009.
96 Removal of limitation period in child sexual abuse cases
(1) The Limitation Act 1980 is amended as follows.
(2) After section 11 insert—
Actions in respect of personal injuries attributable to child sexual abuse
11ZA (1) None of the time limits given in the preceding provisions of this Act apply to an action to which this section applies.
(2) This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) which meets conditions 1 to 3.
(3) Condition 1 is that the damages claimed by the claimant consist of or include damages in respect of personal injuries to the claimant.
(4) Condition 2 is that the claimant was under 18 on the date on which the cause of action accrued.
(5) Condition 3 is that the act or omission to which the claimant’s personal injuries were attributable constituted sexual abuse.
(6) This section applies in relation to actions brought, and causes of action accrued, before (as well as after) this section comes into force.
(7) But it does not apply in relation to a claim which, before this section comes into force, was settled by agreement between the parties or determined by a court (whether or not the determination is subject to appeal).
(8) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.
(9) This section does not apply to a cause of action surviving for the benefit of a person’s estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934, except where an action was brought by the person before the person’s death.
Dismissal of actions in respect of personal injuries attributable to child sexual abuse
11ZB (1) This section applies where an action to which section 11ZA applies is brought after the expiration of the time limit that would apply but for that section (disregarding the possibility of the time limit being disapplied under section 33).
(2) The court must dismiss the action if the defendant satisfies the court that it is not possible for a fair hearing to take place.
(3) In this section “the court” means the court in which the action has been brought.
(3) In section 12 (special time limit for actions under Fatal Accidents legislation) after subsection (1) insert—
(1A) An action under the Fatal Accidents Act 1976 may not be brought if—
(a) section 11ZA would have applied to an action by the person injured to recover damages in respect of the injury, and
(b) the death occurred after the expiration of the time limit that would have applied but for that section (disregarding the possibility of that time limit being overridden under section 33).
(4) In section 14B(1) (overriding time limit for negligence actions) after “section 11” insert “or 11ZA”.
97 Guidance about disclosure of information by police for purpose of preventing sex offending
(1) The Secretary of State may from time to time—
(a) issue guidance to chief officers about the disclosure of police information for the purpose of preventing the commission of relevant sexual offences;
(b) revise any guidance issued under this section.
(2) A chief officer must have regard to any guidance issued under this section.
(3) Subsections (1) and (2) do not apply in relation to functions of the Chief Constable of the British Transport Police in relation to Scotland.
(4) Before issuing or revising guidance under this section, the Secretary of State must consult—
(a) the National Police Chiefs’ Council, and
(b) such other persons as the Secretary of State considers appropriate.
(5) Subsection (4) does not apply to revisions if the Secretary of State considers that they are not substantial.
(6) The Secretary of State must publish any guidance or revisions issued under this section.
(7) In this section—
“chief officer” means—
the chief officer of police of a police force maintained by a local policing body,
the Chief Constable of the British Transport Police Force, or
the chief constable of the Ministry of Defence Police;
“police information” means, in relation to a chief officer, information held by the police force in question;
“relevant sexual offence” means an offence listed in Schedule 3 to the Sexual Offences Act 2003.
(8) In construing the reference in subsection (7) to an offence listed in Schedule 3 to the Sexual Offences Act 2003, disregard any condition subject to which an offence is so listed that relates to—
(a) the way in which the defendant is dealt with in respect of the offence or a relevant finding (as defined by section 132(9) of that Act), or
(b) the age of any person.
(1) The Sexual Offences Act 2003 is amended as follows.
(2) After section 66H insert—
Making or supplying purported intimate image generators
66I (1) A person commits an offence if the person—
(a) makes or adapts a thing, or
(b) supplies or offers to supply a thing,
for use as a generator of purported intimate images.
(2) A “generator of purported intimate images” is a thing for creating, or facilitating the creation of, purported intimate images of a person.
(3) A person makes, adapts, supplies, or offers to supply a thing for use as a generator of purported intimate images if a reasonable person (having regard to all the circumstances) would consider that they do so.
(4) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to prevent the thing being used for creating, or facilitating the creation of, purported intimate images of a person without the person’s consent.
(5) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine (or both).
(6) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under this section as if references to a United Kingdom national included—
(a) a body incorporated under the law of any part of the United Kingdom, or
(b) an unincorporated association formed under the law of any part of the United Kingdom.
(7) In this section—
“purported intimate image” of a person, and references to creating a purported intimate image of a person, have the same meaning as in section 66E;
“thing” includes a program, information in electronic form and a service.
Section 66I: further defences
66J (1) It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.
(2) It is a defence for a person charged with an offence under section 66I to prove that the person—
(a) was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and
(b) did the act which constituted the offence for the purposes of the exercise of any function of the security body.
(3) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994.
(4) It is a defence for a person charged with an offence under section 66I to prove that the person—
(a) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and
(b) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.
(5) In subsection (4)—
(a) “OFCOM” means the Office of Communications;
(b) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023.
Section 66I: application to internet service providers
66K (1) An internet service provider does not commit an offence under section 66I by—
(a) providing access to a communication network, or
(b) transmitting, in a communication network, information provided by a user, if the provider does not—
(i) initiate the transmission,
(ii) select the recipient of the transmission, or
(iii) select or modify the information contained in the transmission.
(2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—
(a) is automatic, intermediate and transient,
(b) is solely for the purpose of carrying out the transmission in the network, and
(c) is for no longer than is reasonably necessary for the transmission.
(3) An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if—
(a) the storage of the information—
(i) is automatic, intermediate and temporary, and
(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and
(b) the internet service provider—
(i) does not modify the information,
(ii) complies with any conditions attached to having access to the information, and
(iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it.
(4) The matters within this subsection are that—
(a) the information at the initial source of the transmission has been removed from the network,
(b) access to it has been disabled, or
(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
(5) An internet service provider does not commit an offence under section 66I by storing information provided by a user who is not acting under the authority or control of the provider if—
(a) when the information was provided the provider did not know that it was, or contained, a generator of purported intimate images, and
(b) on knowing that the information was, or contained, a generator of purported intimate images, the provider promptly removed the information or disabled access to it.
(6) In this section—
“generator of purported intimate images” has the same meaning as in section 66I;
“internet service provider” means a provider of—
a service that is made available by means of the internet, or
a service that provides access to the internet;
“user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.
Liability for offence under section 66I committed by bodies
66L (1) This section applies where an offence under section 66I is committed by a body.
(2) If the offence is committed with the consent or connivance of—
(a) a relevant person in relation to the body, or
(b) a person purporting to act in the capacity of a relevant person in relation to the body,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(3) In this section—
“body” means a body corporate, a partnership or an unincorporated association other than a partnership;
“relevant person”, in relation to a body, means—
in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;
in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
in the case of any other partnership, a partner;
in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.
(3) In section 79(5) (meaning of references to image of a person), for “and 66G” substitute “, 66G and 66I”.
(4) In paragraph 1 of Schedule 2 (sexual offences for purposes of section 72), after paragraph (c) insert—
(ca) an offence under section 66I;
.
(5) In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33B insert—
33C An offence under section 66I of this Act (purported intimate image generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
(1) The Online Safety Act 2023 is amended as follows.
(2) In section 10 (regulated user-to-user services: safety duties about illegal content) after subsection (3) insert—
(3A) A duty to operate a service using proportionate systems and processes designed to take down—
(a) content in relation to which an intimate image content report is made to the provider (see section 20A(2)), and
(b) any other content identified by the provider as the same, or substantially the same, as that content,
as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies).
(3B) This subsection applies if the provider considers that—
(a) the content is not intimate image content, or
(b) the person making the report is not—
(i) the subject of the content, or
(ii) a person acting on that person’s behalf.
(3) After section 20 (duty about content reporting) insert—
Reporting of intimate image content
20A (1) The duty in section 20(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate image content report to the provider.
(2) An “intimate image content report” is a report which—
(a) declares that content present on the service is intimate image content,
(b) declares that the report is made by—
(i) the subject of the content, or
(ii) a person acting on that person’s behalf,
(c) declares that the report—
(i) is made in good faith, and
(ii) to the best of the knowledge and belief of the person making the report, is true,
(d) provides sufficient information about the content for the provider to identify it,
(e) provides contact details for the person making the report, and
(f) complies with any other requirements specified in regulations made by the Secretary of State.
(3) The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met.
(4) In section 21 (duties about complaints procedures) after subsection (2) insert—
(2A) The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that—
(a) are made by users or affected persons who have made an intimate image content report (see section 20A(2)), and
(b) are about the content to which the report relates.
(5) In section 27 (regulated search services: safety duties about illegal content) after subsection (3) insert—
(3A) A duty to operate a service using proportionate systems and processes designed to ensure that individuals are no longer able to encounter—
(a) search content in relation to which an intimate image content report is made to the provider (see section 31A(2)), and
(b) any other search content identified by the provider as the same, or substantially the same, as that content,
as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies).
(3B) This subsection applies if the provider considers that—
(a) the search content is not intimate image content, or
(b) the person making the report is not—
(i) the subject of the content, or
(ii) a person acting on that person’s behalf.
(6) After section 31 (duty about content reporting) insert—
Reporting of intimate image content
31A (1) The duty in section 31(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate image content report to the provider.
(2) An “intimate image content report” is a report which—
(a) declares that search content is intimate image content,
(b) declares that the report is made by—
(i) the subject of the content, or
(ii) a person acting on that person’s behalf,
(c) declares that the report—
(i) is made in good faith, and
(ii) to the best of the knowledge and belief of the person making the report, is true,
(d) provides sufficient information about the search content for the provider to identify it,
(e) provides contact details for the person making the report, and
(f) complies with any other requirements specified in regulations made by the Secretary of State.
(3) The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met.
(7) In section 32 (duties about complaints procedures) after subsection (2) insert—
(2A) The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that—
(a) are made by users or affected persons who have made an intimate image content report (see section 31A(2)), and
(b) are about the search content to which the report relates.
(8) In section 59 (meaning of “illegal content” etc) after subsection (10) insert—
(10A) “Intimate image content” means content that amounts to an offence under section 66B(1), (2) or (3) of the Sexual Offences Act 2003 (sharing intimate image of a person without consent).
(9) In section 133 (confirmation decisions: requirements to take steps)—
(a) in subsection (4) after paragraph (c) insert—
(ca) specify which of those requirements (if any) have been designated as intimate image content requirements (see subsections (7A) and (7B)),
;
(b) after subsection (7) insert—
(7A) If the condition in subsection (7B) is met in relation to a requirement imposed by a confirmation decision which is of a kind described in subsection (1), OFCOM must designate the requirement as an “intimate image content requirement” for the purposes of section 138(3A) (offence of failure to comply with confirmation decision).
(7B) The condition referred to in subsection (7A) is that the requirement is imposed (whether or not exclusively) in relation to—
(a) a failure to comply with a provision listed in column 1 of the table, which
(b) where there is an entry for the provision in column 2 of the table, is in respect of a matter listed in column 2.
Provision | Failure in respect of
Section 10(2)(a) | Intimate image content Priority illegal content which includes intimate image content
Section 10(2)(b) | An offence under section 66B of the Sexual Offences Act 2003 Priority offences which include an offence under that section
Section 10(3)(a) | Intimate image content Priority illegal content which includes intimate image content
Section 10(3)(b) | Intimate image content Illegal content which includes intimate image content
Section 10(3A)
Section 27(3)(a) | Intimate image content Priority illegal content which includes intimate image content
Section 27(3)(b) | Intimate image content Illegal content which includes intimate image content
Section 27(3A)
;
(c) in subsection (10) after ““CSEA content”,” insert ““intimate image content”,”.
(10) In section 138 (offence of failing to comply with requirements imposed by confirmation decision) after subsection (3) insert—
(3A) A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with an intimate image content requirement imposed by the decision (see section 133(7A) and (7B)).
101 Taking down intimate image content: consequential amendments
(1) The Online Safety Act 2023 is amended as follows.
(2) In section 10 (regulated user-to-user services: safety duties about illegal content)—
(a) in subsection (4) for “and (3)” substitute “to (3A)”;
(b) in subsection (5)—
(i) the words from “each paragraph” to the end become paragraph (a);
(ii) at the end of that paragraph insert
, and
(b) subsection (3A).
;
(c) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”.
(3) In section 23(5) (record-keeping and review duties) for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”.
(4) In section 27 (regulated search services: safety duties about illegal content)—
(a) in subsection (4) for “and (3)” substitute “to (3A)”;
(b) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”.
(5) In section 34(5) (record-keeping and review duties), for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”.
(6) In section 59(14) (meaning of “illegal content” etc) for “and “priority illegal content”” substitute “, “priority illegal content” and “intimate image content””.
(7) In section 71(2)(a)(i) (duty not to take down content except in accordance with terms of service: exceptions) for “or (3)” substitute “, (3) or (3A)”.
(8) In section 136(5) (confirmation decisions: proactive technology)—
(a) in paragraph (a) for “or (3)” substitute “, (3) or (3A)”;
(b) in paragraph (c) for “or (3)” substitute “, (3) or (3A)”.
(9) In section 237 (index of defined terms) at the appropriate place insert—
intimate image content (in Part 3) | section 59
.
(10) In Schedule 4 (codes of practice)—
(a) in paragraph 9(1) for “or (3)” substitute “, (3) or (3A)”;
(b) in paragraph 9(3) for “or (3)” substitute “, (3) or (3A)”;
(c) in paragraph 13(3)(a) for “or (3)” substitute “, (3) or (3A)”;
(d) in paragraph 13(3)(c) for “or (3)” substitute “, (3) or (3A)”.
104 Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland
(1) After section 67 of the Criminal Justice and Immigration Act 2008 insert—
Possession or publication of pornographic images of strangulation or suffocation
67A (1) It is an offence for a person to be in possession of an image if—
(a) the image is pornographic, within the meaning of section 63,
(b) the image portrays, in an explicit and realistic way, a person strangling or suffocating another person, and
(c) a reasonable person looking at the image would think that the persons were real.
(2) It is an offence for a person to publish an image of the kind mentioned in subsection (1).
(3) Publishing an image includes giving or making it available to another person by any means.
(4) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 64.
(5) In this section “image” has the same meaning as in section 63.
(6) Proceedings for an offence under this section may not be instituted—
(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Defences to offences under section 67A
67B (1) Where a person is charged with an offence under section 67A(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).
(2) The matters are—
(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 an image of the kind mentioned in section 67A(1);
(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;
(d) that the person directly participated in the act portrayed and the act did not involve the infliction of any non-consensual harm on any person.
(3) Where a person is charged with an offence under section 67A(2), it is a defence for the person to prove any of the matters mentioned in subsection (4).
(4) The matters are—
(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1);
(c) that the person directly participated in the act portrayed, the act did not involve the infliction of any non-consensual harm on any person, and the person only published the image to other persons who directly participated.
(5) In this section “non-consensual harm” has the same meaning as in section 66.
Penalties for offences under section 67A
67C (1) A person who commits an offence under section 67A(1) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine (or both);
(c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding two years or a fine (or both).
(2) A person who commits an offence under section 67A(2) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine (or both);
(c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding five years or a fine (or both).
Possession of extreme pornographic images: alternative verdict in magistrates’ court
67D If on the trial of a person charged with an offence under section 63 a magistrates’ court finds the person not guilty of the offence charged, the magistrates’ court may find the person guilty of an offence under section 67A(1).
(2) In section 68 of that Act (special rules relating to providers of information society services) for “section 63” substitute “sections 63, 67A”.
(3) In Schedule 14 to that Act (special rules relating to providers of information society services)—
(a) in paragraphs 3(1), 4(2) and 5(1) after “63” insert “, 67A”;
(b) in paragraph 5(2)—
(i) after “possession” insert “or publication”;
(ii) for “an offence under section 63” substitute “the offence in question”.
(4) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for purposes of section 327A), after paragraph 13 insert—
13ZA An offence under section 67A of that Act (possession or publication of pornographic images of strangulation or suffocation) in relation to an image showing a person under 18.
(5) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29—
(a) for “section 63” substitute “any of the following provisions”;
(b) for the words in brackets substitute
—
(a) section 63 (possession of extreme pornographic images);
(b) section 67A (possession or publication of pornographic images of strangulation or suffocation)
.
(1) After section 67D of the Criminal Justice and Immigration Act 2008 (inserted by section 104 of this Act) insert—
Possession or publication of pornographic images of sex between relatives
67E (1) It is an offence for a person (P) to be in possession of an image if—
(a) the image is pornographic, within the meaning of section 63,
(b) the image portrays, in an explicit and realistic way, a person (A) sexually penetrating—
(i) the vagina or anus of another person (B) with a part of A’s body or anything else, or
(ii) B’s mouth with A’s penis,
(c) a reasonable person looking at the image would think that A and B were real, and
(d) a reasonable person—
(i) looking at the image, and
(ii) taking into account any sound or information associated with the image,
would think what is set out in subsection (2) or (3).
(2) That A and B were related, or pretending to be related, such that A was related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
(3) That—
(a) A and B were related or had been related, or were pretending to be related or to have been related, such that A was or had been related to B as step-parent, step-child, stepbrother, stepsister, foster parent or foster child, and
(b) at least one of A and B was, or was pretending to be, under 18.
(4) It is an offence for a person to publish an image of the kind mentioned in subsection (1).
(5) Publishing an image includes giving or making it available to another person by any means.
(6) For the purpose of subsection (1)(d) the reference to sound or information associated with the image is—
(a) when subsection (1)(d) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and
(b) when subsection (1)(d) applies for the purpose of an offence under subsection (4), to sound, or information, associated with the image that the person in subsection (4) publishes with the image.
(7) For the purpose of subsections (2) and (3), A and B are not to be taken as pretending to be related if it is fanciful that they actually were or had been related in the way pretended.
(8) In subsection (2)—
(a) “parent” includes an adoptive parent;
(b) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
(c) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;
(d) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.
(9) In subsection (3), “step-parent”, “stepbrother”, “stepsister” and “foster parent” have the meanings given by section 27(5) of the Sexual Offences Act 2003; and “step-child” and “foster child” have corresponding meanings.
(10) For the purpose of this section—
(a) “image” has the same meaning as in section 63;
(b) penetration is a continuing act from entry to withdrawal;
(c) “vagina” includes vulva;
(d) references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).
(11) Subsections (1) and (4) do not apply to excluded images, within the meaning of section 64.
(12) Nothing in—
(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or
(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),
is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (8)(a) or (b).
(13) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions.
Defences to offence under section 67E
67F (1) Where a person is charged with an offence under section 67E(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).
(2) The matters are—
(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 an image of the kind mentioned in section 67E(1);
(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;
(d) that—
(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),
(ii) the act did not involve the infliction of any non-consensual harm on any person, and
(iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(2) or (3).
(3) Where a person is charged with an offence under section 67E(4), it is a defence for a person to prove any of the matters mentioned in subsection (4).
(4) The matters are—
(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1);
(c) that—
(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),
(ii) the act did not involve the infliction of any non-consensual harm on any person,
(iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(2) or (3), and
(iv) the person only published the image to person B or A (as the case may be).
(5) In this section, “non-consensual harm” has the same meaning as in section 66.
Penalties for offences under section 67E
67G (1) A person who commits an offence under section 67E(1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
(2) A person who commits an offence under section 67E(4) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
(2) In section 68 of that Act (special rules relating to providers of information society services), after “67A” (inserted by section 104 of this Act) insert “, 67E”.
(3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67A” (inserted by section 104 of this Act) insert “, 67E ”.
(4) In section 47(1) of the Adoption Act 1976, for “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)” substitute “sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative), or section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives)”.
(5) In section 74(1) of the Adoption and Children Act 2002—
(a) omit the “or” after paragraph (a);
(b) after paragraph (b) insert
, or
(c) section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives).
(6) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZA (inserted by section 104 of this Act) insert—
13ZB An offence under section 67E of that Act (possession or publication of pornographic images of sex between relatives) in relation to an image showing a person under 18.
(7) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29, after paragraph (b) (inserted by section 104 of this Act) insert
;
(c) section 67E (possession or publication of pornographic images of sex between relatives);
.
107 Pornographic images of sexual activity with child under 16
(1) After section 67G of the Criminal Justice and Immigration Act 2008 insert—
Possession or publication of pornographic images of sexual activity with child under 16
67H (1) It is an offence for a person (P) to be in possession of an image if—
(a) the image is pornographic, within the meaning of section 63, and
(b) a reasonable person—
(i) looking at the image, and
(ii) taking into account any sound or information associated with the image,
would think that each of the conditions in subsection (2) was met.
(2) The conditions are—
(a) the image portrays, in an explicit and realistic way, a person (A) engaged in sexual activity with another person (B),
(b) A and B are real, and
(c) at least one of A or B is, or is pretending to be, under 16.
(3) A person is not to be taken as pretending to be under 16 if it is fanciful that they are actually under 16 in the way pretended.
(4) It is an offence for a person to publish an image of the kind mentioned in subsection (1).
(5) Publishing an image includes giving or making it available to another person by any means.
(6) For the purposes of subsection (1)(b) the reference to sound or information associated with the image is—
(a) when subsection (1)(b) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and
(b) when subsection (1)(b) applies for the purpose of an offence under subsection (4), to sound, or information, associated with the image that the person in subsection (4) publishes with the image.
(7) In this section “image” has the same meaning as in section 63.
(8) Subsections (1) and (4) do not apply to excluded images, within the meaning of section 64.
(9) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions.
Defences to offences under section 67H
67I (1) Where a person is charged with an offence under section 67H(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).
(2) The matters are—
(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 an image of the kind mentioned in section 67H(1);
(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;
(d) that—
(i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(2)(a),
(ii) the act did not involve the infliction of any non-consensual harm on any person, and
(iii) neither A nor B was under 16.
(3) Where a person is charged with an offence under section 67H(4), it is a defence for the person to prove any of the matters mentioned in subsection (4).
(4) The matters are—
(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67H(1);
(c) that—
(i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(2)(a),
(ii) the act did not involve the infliction of any non-consensual harm on any person,
(iii) neither A nor B was under 16, and
(iv) the person only published the image to person B or A (as the case may be).
(5) In this section “non-consensual harm” has the same meaning as in section 66.
Penalties for offences under section 67H
67J (1) A person who commits an offence under section 67H(1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding three years or a fine (or both).
(2) A person who commits an offence under section 67H(4) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
(2) In section 68 of that Act (special rules relating to providers of information society services), after “67E” insert “and 67H”.
(3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67E” insert “or 67H”.
(4) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZB insert—
13ZC An offence under section 67H of that Act (possession or publication of pornographic images of sexual activity with child under 16) in relation to an image showing a person under 18.
(5) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29 after paragraph (c) insert—
(d) section 67H (possession or publication of pornographic images of sexual activity with child under 16).
108 Online pornography (age and consent verification): duty to review and report
(1) The Secretary of State must conduct a review of the role of providers of internet services in—
(a) verifying the age of individuals appearing in pornographic content published or displayed on their services;
(b) verifying whether individuals appearing in pornographic content published or displayed on their services consent to the content being published or displayed.
(2) The Secretary of State must lay before Parliament, and publish, a report of the review.
(3) The Secretary of State must comply with subsections (1) and (2) before the end of the 12 month period beginning with the day on which this Act is passed.
(4) In this section the following terms have the same meaning as in the Online Safety Act 2023—
“internet service” (see section 228 of that Act);
“pornographic content” (see section 236 of that Act);
“provider”, in relation to an internet service of any kind (see section 226 of that Act).
109 Online pornography (age and consent verification): power to amend Online Safety Act 2023
(1) The Online Safety Act 2023 is amended as follows.
(2) After section 217 insert—
Power to amend Act: pornographic content
Power to impose duties about pornographic content
217A (1) The Secretary of State may by regulations amend this Act for or in connection with the imposition, on providers of regulated services or regulated services of a particular kind, of duties relating to—
(a) verifying the age of individuals appearing in pornographic content published or displayed on those regulated services (“age verification duties”);
(b) verifying whether individuals appearing in pornographic content published or displayed on those regulated services consent to the content being published or displayed (“consent verification duties”).
(2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate regulated services, or regulated services of a particular kind.
(3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn.
(4) Regulations under this section may make provision requiring OFCOM to issue guidance to providers of regulated services, or regulated services of a particular kind, to assist them to comply with age verification duties and consent verification duties.
(5) The provisions of this Act that may be amended by the regulations in connection with the imposition of age verification duties and consent verification duties include, but are not limited to, section 131(2).
(3) In section 225(1) (regulations subject to affirmative procedure) after paragraph (g) insert—
(ga) regulations under section 217A,
.
110 Online pornography (age and consent verification): power to make regulations
(1) The Secretary of State may by regulations make provision for or in connection with the imposition on providers of specified internet services of duties relating to—
(a) verifying the age of individuals appearing in pornographic content published or displayed on those internet services (“age verification duties”);
(b) verifying whether individuals appearing in pornographic content published or displayed on those internet services consent to the content being published or displayed (“consent verification duties”).
(2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate specified internet services.
(3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn.
(4) The regulations may confer functions on—
(a) a body established by the regulations, or
(b) another body specified in the regulations,
(“the regulator”).
(5) The regulations may make provision—
(a) establishing or modifying the constitutional arrangements of the regulator;
(b) establishing or modifying the funding arrangements of the regulator.
(6) The functions which may be conferred on the regulator include—
(a) powers to, by notice, require providers of specified internet services to provide information to the regulator;
(b) powers, in relation to requirements imposed by or under the regulations, corresponding or similar to those conferred on OFCOM by or under Chapter 6 of Part 7 of the Online Safety Act 2023 in relation to enforceable requirements, including provisions conferring power to impose monetary penalties.
(7) The provision which may be made under subsection (6)(a) includes provision corresponding or similar to that made in relation to requirements to provide information to OFCOM by—
(a) section 109 of the Online Safety Act 2023 (offences in connection with information notices), and
(b) section 113 of that Act so far as relating to section 109 (penalties for information offences).
(8) If the regulations make provision under subsection (6)(b) corresponding or similar to provision in relation to which an appeal lies under section 168 of the Online Safety Act 2023, they must make corresponding or similar provision for an appeal.
(9) The regulations may make provision for appeals against other decisions of the regulator.
(10) The regulations may make provision requiring providers of specified internet services to pay fees to the regulator.
(11) The provision which may be made under subsection (10) includes provision corresponding or similar to that made in relation to the payment of fees to OFCOM by or under Part 6 of the Online Safety Act 2023.
(12) The regulations may make provision requiring the regulator to issue guidance to providers of specified internet services to assist them to comply with age verification duties and consent verification duties.
(13) References in this section to an internet service include an internet service provided from outside the United Kingdom—
(a) which has a significant number of United Kingdom users, or
(b) one of the target markets of which (or the only target market of which) is United Kingdom users.
(14) In this section the following terms have the same meaning as in the Online Safety Act 2023—
“internet service” (see section 228 of that Act);
“pornographic content” (see section 236 of that Act);
“provider”, in relation to an internet service of any kind (see section 226 of that Act);
“United Kingdom user” (see section 227 of that Act).
(15) In this section “specified” means specified, or of a description specified, in the regulations.
(1) The Secretary of State may by regulations provide defences to relevant offences for persons who are authorised by the Secretary of State to carry out technology testing activities.
(2) “Technology testing activities” means activities which are carried out in the course of, or in connection with, testing technology for the purposes of—
(a) investigating whether it may have been made or adapted for use for creating, or facilitating the creation of, prohibited material, or
(b) testing whether it may be used to create, or facilitate the creation of, prohibited material.
(3) “Prohibited material” means anything in relation to which a relevant offence may be committed.
(4) The regulations may make provision about authorisations by the Secretary of State to carry out technology testing activities, including provision—
(a) for authorisations to be subject to conditions (which may be specified in the regulations or determined by the Secretary of State);
(b) for the variation, suspension, or withdrawal of authorisations and conditions;
(c) for the enforcement of any breaches of conditions (which may include provision creating criminal offences punishable with a fine);
(d) for fees to be payable to the Secretary of State, as a means of recovering costs incurred by the Secretary of State in exercising functions under the regulations.
(5) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(6) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—
(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
112 Technology testing defence: meaning of “relevant offence”
(1) For the purposes of section 111 “relevant offence” means—
(a) an offence listed in subsection (2),
(b) an offence listed in subsection (3) (Scotland), and
(c) an offence listed in subsection (4) (Northern Ireland).
(2) The offences referred to in subsection (1)(a)are offences under any of the following provisions—
Act | Provision
Obscene Publications Act 1959 | Section 2 (publication of obscene article)
Protection of Children Act 1978 | Section 1(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice Act 1988 | Section 160(1) (indecent photographs of children)
Communications Act 2003 | Section 127(1) (sending indecent messages via public electronic communications network)
Sexual Offences Act 2003 | Section 46A (child sexual abuse image-generators)
Section 66B(1) (sharing intimate photograph or film)
Section 66E(1) (creating purported intimate image of adult)
Section 66F(1) or (2) (requesting creation of purported intimate image of adult)
Criminal Justice and Immigration Act 2008 | Section 63 (possession of extreme pornographic images), as it has effect under the law of England and Wales
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of England and Wales
Coroners and Justice Act 2009 | Section 62 (possession of prohibited images of children), as it has effect under the law of England and Wales
Serious Crime Act 2015 | Section 69 (possession of paedophile manual), as it has effect under the law of England and Wales
(3) The offences referred to in subsection (1)(b) are offences under any of the following provisions—
Act | Provision
Civic Government (Scotland) Act 1982 | Section 51 (obscene material)
Section 51A (extreme pornography)
Section 51D (pornographic images of strangulation or suffocation)
Section 52(1)(a), (b) or (c) (indecent photographs of children)
Section 52A (indecent photographs of children)
Section 52D (child sexual abuse image- generators)
Sexual Offences (Scotland) Act 2009 | Section 41A (possession of advice or guidance about abusing children sexually or creating CSA images)
Abusive Behaviour and Sexual Harm (Scotland) Act 2016 | Section 2 (disclosing or threatening to disclose intimate photograph or film)
(4) The offences referred to in subsection (1)(c) are—
(a) an offence under the common law of Northern Ireland of publishing an indecent or obscene article;
(b) offences under any of the following provisions—
Act / Order | Provision
Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) | Article 3(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) | Article 15(1) (indecent photographs of children)
Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) | Article 42A (child sexual abuse image-generators)
Criminal Justice and Immigration Act 2008 | Section 63 (possession of extreme pornographic images), as it has effect under the law of Northern Ireland
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of Northern Ireland
Coroners and Justice Act 2009 | Section 62 (possession of prohibited images of children), as it has effect under the law of Northern Ireland
Serious Crime Act 2015 | Section 69 (possession of paedophile manual), as it has effect under the law of Northern Ireland
(5) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant offence”.
(6) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(7) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—
(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
In the Sexual Offences Act 2003, in section 66 (exposure), for subsection (1) substitute—
(1) A person (A) who intentionally exposes A’s genitals commits an offence if—
(a) A intends that someone will see the genitals and be caused alarm, distress or humiliation, or
(b) A exposes the genitals for the purpose of obtaining sexual gratification and does so—
(i) with the intention that someone will see them, and
(ii) being reckless as to whether someone who sees them will be caused alarm, distress or humiliation.
(1A) But where A intends only that a particular person, or particular persons, will see A’s genitals, A does not commit an offence by virtue of paragraph (b) of subsection (1) unless A is reckless as to whether that person, or at least one of those persons, will be caused alarm, distress or humiliation.
(1) The Sexual Offences Act 2003 is amended in accordance with subsections (2) to (5).
(2) For section 69 (intercourse with an animal) substitute—
Sexual activity with an animal
69 (1) A person commits an offence if—
(a) the person intentionally touches an animal (whether living or dead),
(b) the person knows that, or is reckless as to whether, that is what is touched, and
(c) the touching is sexual.
(2) For the purposes of this section, touching is sexual if a reasonable person would consider that—
(a) because of its nature it may be sexual, and
(b) because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(3) In section 78 (meaning of “sexual”), after “66D” insert “, 69”.
(4) In section 79 (Part 1: general interpretation) omit subsection (10).
(5) In paragraphs 35 and 92 of Schedule 3 (sexual offences that make offender subject to notification requirements), for “intercourse” substitute “sexual activity”.
(6) In the following provisions, for “intercourse” substitute “sexual activity”—
(a) paragraph 151 of Schedule 15 to the Criminal Justice Act 2003;
(b) paragraph 38(az) of Schedule 18 to the Sentencing Code.
(1) In the Sexual Offences Act 2003 for section 70 substitute—
Sexual activity with a corpse
70 (1) A person commits an offence if—
(a) the person intentionally performs an act of touching (with a part of their body or anything else),
(b) what is touched is a part of the body of a dead person,
(c) the person knows that, or is reckless as to whether, that is what is touched, and
(d) the touching is sexual.
(2) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding—
(i) if the touching involved penetration of a part of the body mentioned in subsection (1)(b), 7 years;
(ii) otherwise, 5 years.
(2) In consequence of the amendment made by subsection (1), in the following provisions for “sexual penetration of” substitute “sexual activity with”—
paragraph 152 of Schedule 15 to the Criminal Justice Act 2003;
paragraphs 35 and 92 of Schedule 3 to the Sexual Offences Act 2003;
paragraph 33 of Schedule 4 to the Modern Slavery Act 2015;
paragraph 38(ba) of Schedule 18 to the Sentencing Code.
(1) The Child Abduction Act 1984 is amended as set out in subsections (2) to (4).
(2) In section 1 (offence of abduction of child by parent etc)—
(a) after subsection (1) insert—
(1A) Subject to subsections (5) and (8), a person connected with a child under the age of sixteen commits an offence if—
(a) the child is taken or sent out of the United Kingdom with the appropriate consent, and
(b) at any time after the child is taken or sent, the person detains the child outside the United Kingdom without the appropriate consent.
;
(b) in subsection (4)—
(i) in the words before paragraph (a), after “United Kingdom” insert “, or by detaining a child outside the United Kingdom,”;
(ii) in each of paragraphs (a) and (b), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”;
(c) in subsection (4A), after “United Kingdom” insert “, or detaining the child outside the United Kingdom,”;
(d) in subsection (5A), in paragraph (b) after “out of the United Kingdom” insert “, or detaining the child outside the United Kingdom,”.
(3) In section 11 (consequential amendments and repeals), in subsection (3) for “section 1 above” substitute “section 1(1) above”.
(4) In the Schedule (modifications of section 1 for children in certain cases), in each of the following provisions after “subsection (1)” insert “or (1A)”—
(a) paragraph 1(2)(a);
(b) paragraph 2(2)(a);
(c) paragraph 3(2)(a).
(5) The amendments made by this section apply only in cases where the taking or sending of the child out of the United Kingdom takes place on or after the date on which this section comes into force.