HC Deb 16 March 2004 vol 419 cc186-7W
Ms Shipley

To ask the Secretary of State for the Home Department what assessment he has made of whether a hard drive amnesty should be introduced for people who have child pornography downloaded on their systems, in return for a caution and agreement that they undertake a course of treatment. [159482]

Paul Goggins

We have no plans to take forward such an amnesty.

Ms Shipley

To ask the Secretary of State for the Home Department what guidance he has issued to the(a) police and (b) Crown Prosecution Service on the investigation of individuals suspected of (i) making and (ii) possessing illegal images of children. [159483]

Paul Goggins

The criminal offences relating to taking, making distributing and possessing indecent photographs of children are contained in the Protection of Children Act 1978, as amended, and no central guidance has been issued.

However, section 46 of the sexual Offences Act 2003 provides a defence to a charge of "making" indecent photographs of children under section 1 of the 1978 Act, and we are working with representatives of the Association of Chief Police Officers and the Crown Prosecution Service on a Memorandum of Understanding concerning its interpretation. This will provide guidance to those working in the field on the issues that need to be considered in determining whether acts of "making" fall within the scope of the defence. We have consulted bodies representing internet service providers and other interested parties on the content of the document. It is intended that the final document will be published on the Crown Prosecution Service website when the Sexual Offences Act comes into force.