Section 246C: Indecent images: prisoner's non-disclosure of information, Criminal Justice Act 2003

The Board must comply with this section when making a public protection decision about a prisoner under section 246A(6)(b), for the purposes of section 246A(5), if—

the prisoner's sentence was passed for—

an offence of taking an indecent photograph of a child, or

a relevant offence of making an indecent pseudo-photograph of a child;

the Board does not know the identity of the child who is the subject of the relevant indecent image; and

the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board ("the prisoner's non-disclosure").

When making the public protection decision about the prisoner, the Board must take into account—

the prisoner's non-disclosure; and

the reasons, in the Board's view, for the prisoner's non-disclosure.

This section does not limit the matters which the Board must or may take into account when making a public protection decision.

In subsection (1)(a), the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

For the purposes of this section, an offence is—

an "offence of taking an indecent photograph of a child" if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

a "relevant offence of making an indecent pseudo-photograph of a child" if—

it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and, in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.

In this section—

"public protection decision", in relation to a prisoner, has the meaning given by section 237A(2);
"relevant indecent image" means—
(a)the photograph to which an offence of taking an indecent photograph of a child relates, or
(b)the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.

Section 246C: Indecent images: prisoner's non-disclosure of information

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