Protection of Children Act 1978 - Sentencing

Sentencing

The sentencing guidelines for offences committed contrary to the Protection of Children Act were decided by the Sentencing Advisory Panel, to assist with sentencing during R v Oliver et al.

The levels of indecency are as follows:

Level Definition
Level 1 Images depicting erotic posing with no sexual activity
Level 2 Sexual activity between children or solo masturbation by a child.
Level 3 Non-penetrative sexual activity between adults and children.
Level 4 Penetrative sexual activity between children and adults.
Level 5 Sadism or bestiality

Judges use the following guidelines when sentencing someone who has been convicted under the Protection of Children Act:

Guideline sentence Circumstances
Fine or conditional discharge A fine may be appropriate if:
  • the offender was merely in possession of material solely for own use, including where material was downloaded from the internet but not further distributed, and consisted entirely of pseudo-photographs, the making of which had involved no abuse or exploitation of children, or there was no more than a small quantity of material at level 1.
  • A conditional discharge may be appropriate in such a case if the offender pleaded and had no previous convictions.
Community sentence A community sentence may be appropriate if the offender was in possession of a large amount of material at level 1 and/or a small number of images at level 2, provided the material was not distributed or shown to others.
Up to 6 months' custody Appropriate if:
  • Offender was in possession of a large amount of material at level 2 or a small amount at level 3 or above, or
  • Offender had shown, distributed, or exchanged indecent material at level 1 or 2 on a limited scale, without financial gain.
6–12 months custody Appropriate if:
  • Showing or distributing a large number of images at level 2 or 3, or
  • Possessing a small number of images at levels 4 or 5.
12 months-3 years' custody Appropriate if:
  • Possessing a large quantity of material at levels 4 or 5, even if there was no showing or distribution of it
  • Showing or distributing a large number of images at level 3
  • Producing or trading in material at levels 1, 2 or 3
Longer than 3 years custody Appropriate if:
  • Images at level 4 or 5 had been shown or distributed, or
  • Offender was actively involved in production of images at levels 4 or 5, especially where that involvement included a breach of trust, and whether or not there was an element of commercial gain, or
  • Offender commissioned or encouraged the production of such images

(An offender whose conduct merited more than 3 years would merit a higher sentence if his conduct was within more than one of the categories)
Sentences approaching the 10 year maximum Appropriate in very serious cases where the offender had a previous conviction either for dealing in child pornography or for abusing children sexually, or with violence.

Images which are below the threshold for Level 1 - but which are judged to be indecent by a jury - will be treated as Level 1 images during sentencing; therefore a naturist image or a fashion shoot with no erotic posing will be treated as a Level 1 indecent image of a child, if judged to be indecent.

A person who is convicted of an offence under the Protection of Children Act is also likely to be banned from working with children in the United Kingdom, and ordered to sign the Sex Offenders Register. They are also barred from working in the legal and medical professions and will be dishonourably discharged from HM Armed Forces. The Rehabilitation of Offenders Act 1974 does not apply to sex offences, even if under 2.5 years.

Read more about this topic:  Protection Of Children Act 1978