Coroners and Justice Act 2009

65 Meaning of “image” and “child” E+W+N.I.

(1) The following apply for the purposes of sections 62 to 64.

(2) “Image” includes—

(a) a moving or still image (produced by any means), or

(b) data (stored by any means) which is capable of conversion into an image within paragraph (a).

(3) “Image” does not include an indecent photograph, or indecent pseudo-photograph, of a child.

(4) In subsection (3) “indecent photograph” and “indecent pseudo-photograph” are to be construed—

(a) in relation to England and Wales, in accordance with the Protection of Children Act 1978 (c. 37), and

(b) in relation to Northern Ireland, in accordance with the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)).

(5) “Child”, subject to subsection (6), means a person under the age of 18.

(6) Where an image shows a person the image is to be treated as an image of a child if—

(a) the impression conveyed by the image is that the person shown is a child, or

(b) the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.

(7) References to an image of a person include references to an image of an imaginary person.

(8) References to an image of a child include references to an image of an imaginary child.

Commencement Information

I1 S. 65 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1