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Version Superseded: 26/10/2023
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3A.—(1) In proceedings for an offence under Article 3(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—
(a)it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,
(b)at the time of the offence charged he was a member of the Security Service [F2or the Secret Intelligence Service], and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of [F3that Service], or
(c)at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.
(2) In this Article "GCHQ" has the same meaning as in the Intelligence Services Act 1994.]
F2Words in art. 3A(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(4)(a), 153(2)(c)
F3Words in art. 3A(1)(b) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(4)(b), 153(2)(c)
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