HC Deb 13 April 1994 vol 241 cc322-3

Amendments made: No. 182, in page 62, line 36, leave out 'which, being stored on a computer disc or by other electronic means,' and insert 'stored on a computer disc or by other electronic means which'

No. 131, in page 62, line 38, at end insert— '( ) in subsection(3)—

  1. (a) in paragraph (a), for the words "3 months" there shall be substituted the words "6 months"; and
  2. (b) in paragraph (b), for the words "two years" there shall be substituted the words "3 years";'. No. 183, in page 62, line 45, leave out 'which, being stoned electronically,' and insert

'stored on a computer disc or by other electronic means which'.

No. 132, in page 63, line 10, leave out '3' and insert '6'.

No. 84, in page 63, line 14, at end insert— '(8) The Protection of Children (Northern Ireland) Order 1978 shall be amended as provided in subsections (9) and (10) below. (9) In Article 2 (interpretation)—

(a) in paragraph (2)—

  1. (i) in the definition of "child", after "child" there shall be inserted the words "subject to paragraph (3)(c)";
  2. (ii) for the definition of "photograph" there shall be substituted the following definitions—

""indecent pseudo-photograph" includes—

  1. (a) a copy of an indecent pseudo-photograph; and
  2. (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph;

"photograph" includes—

  1. (a) the negative as well as the positive version; and
  2. (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph;

"pseudo-photograph" means an image, whether made by computer-graphics or otherwise

howsoever, which appears to be a photograph;"

(b) in paragraph (3)—

  1. (i) in sub-paragraph (a), after the word "photograph" there shall be inserted the words "or pseudo-photograph";
  2. (ii) in sub-paragraph (b), at the end, there shall be inserted the words "and so as respects pseudo-photographs; and";
  3. (iii) after sub-paragraph (b) there shall be inserted the following sub-paragraph—

"(c) if the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.".

(10) In Article 3 (which, for Northern Ireland, penalises the taking and distribution of indecent photographs of children and related acts)—

  1. (a) in sub-paragraph (a) of paragraph (1)—
    1. (i) after the word "taken" there shall be inserted the words "or to make";
    2. (ii) after the word "photograph" there shall be inserted the words "or pseudo-photograph";
  2. (b) in sub-paragraphs (b),(c) and (d) of paragraph (1), after the word "photographs" there shall be inserted the words "or pseudo-photographs";
  3. (c) in sub-paragraphs (a) and (b) of paragraph (3), after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(11) Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which, for Northern Ireland, penalises the possession of indecent photographs of children) shall be amended as follows—

  1. (a) in paragraph (1), after the word "photograph" there shall be inserted the words "or pseudo-photograph" and the words from "(meaning" to "16)" shall be omitted;
  2. (b) in sub-paragraphs (a), (b) and (c) of paragraph (2), after the word "photograph" there shall be inserted the words "or pseudo-photograph"; and
  3. (c) in paragraph (6), the reference to the coming into operation of that Article shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.'.-[Mr. Maclean.]

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