Protection of Children (Northern Ireland) Order 1978
[25th July 1978]
1 Title and commencement¶
This Order may be cited as the Protection of Children (Northern Ireland) Order 1978 … Commencement2 Interpretation¶
- “child” subject to paragraph (3)(c) means a person under the age of eighteen;
- “film” includes any form of video-recording;
- “indecent photograph” includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film;
- “indecent pseudo‐photograph” includes—
- a copy of an indecent pseudo‐photograph; and
- data stored on a computer disc or by other electronic means which is capable of conversion into an indecent pseudo-photograph;
- “photograph” includes—
- the negative as well as the positive version; and
- data stored on a computer disc or by other electronic means which is capable of conversion into a photograph;
- “pseudo‐photograph” means an image, whether made by computer‐graphics or otherwise howsoever, which appears to be a photograph;
3 Indecent photographs of children¶
3A Exception for criminal proceedings, investigations etc.¶
3B Marriage and other relationships¶
C1C34 Entry, search and seizure¶
5 Forfeiture¶
The Schedule to this Order makes provision about the forfeiture of indecent photographs and pseudo-photographs.6 F19Supplementary provisions relating to forfeiture proceedings¶
7 Evidence¶
Paras. (2)‐(5) rep. by 1989 NI 12
8 Offences by bodies corporate¶
Section 20(2) of the Interpretation Act (Northern Ireland) 1954 M2 (liability of directors etc. for offences by body corporate) shall apply to an offence under this Order committed by any body corporate, whether the liability of its members is limited or not and where the affairs of any body corporate are managed by its members, that subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.9 Amendment of the Visiting Forces Act 1952 and the Children and Young Persons Act (Northern Ireland) 1968¶
Para.(1) amends sch. to 1952 c. 67
Sub‐para. (b) rep. by 1998 NI 9
C4 C2SCHEDULE ¶
Forfeiture of indecent photographs of children
Application of Schedule¶
Possession pending forfeiture¶
The relevant officer¶
Notice of intended forfeiture¶
Notice of claim¶
Automatic forfeiture in a case where no claim is made¶
Decision whether to take court proceedings to condemn property as forfeited¶
Return of property if no forfeiture proceedings¶
Forfeiture proceedings¶
Supplementary orders¶
Supplementary provision about forfeiture proceedings¶
Effect of forfeiture¶
Disposal of property which is not returned¶
Provisions as to proof¶
Saving for owner's rights¶
Interpretation¶
- “the court” is to be construed in accordance with paragraph 12;
- “forfeitable property” is to be construed in accordance with paragraph 1(2);
- “premises” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 25 of that Order); and
- “the relevant officer” is to be construed in accordance with paragraph 3.
Footnotes
- F11994 c. 33
- F2Art. 2(2): word in the definition of "child" substituted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(2); S.R. 2008/510, art. 2
- F3Art. 2(2): words in the definition of "indecent pseudo-photograph" substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(2), 153(2)(c)
- F4Art. 2(2A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(3), 153(2)(c) (with Sch. 27 para. 24(2))
- F5Words in art. 3(1) inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(4); S.R. 2008/510, art. 2
- F61994 c. 33
- F72003 NI 13
- F82000 c. 43
- F91984 NI 3
- F102003 c. 42
- F11Words 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)
- F12Words 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)
- F13Words in art. 3B inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 69(4), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 2
- C1Art. 4 applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 67(2)(a), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 1
- F141988 NI 17
- F151994 c. 33
- F161989 NI 12
- F17Art. 4(2) substituted (1.4.2008) by Police and Justice Act 2006 (c. 48), ss. 40(2), 53(1)(a) (with s. 40(5)); S.I. 2008/790, art. 3(a)
- F18Art. 5 substituted (1.4.2008) for arts. 5, 6 by Police and Justice Act 2006 (c. 48), ss. 40(3), 53(1)(a) (with s. 40(6)(7)); S.I. 2008/790, art. 3(a)
- F19Art. 5 substituted (1.4.2008) for arts. 5, 6 by Police and Justice Act 2006 (c. 48), ss. 40(3), 53(1)(a) (with s. 40(6)(7)); S.I. 2008/790, art. 3(a)
- F201994 c. 33
- F211981 NI 26
- F221994 c. 33
- F23Word in art. 7(1) substituted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(3); S.R. 2008/510, art. 2
- F241998 NI 9
- F25Art. 3B inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(5); S.R. 2008/510, art. 2
- C2Sch. applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 67(2)(b), 182(5) (with s. 180, Sch. 22 para. 12(2)); S.I. 2010/816, art. 2, Sch. para. 1
- F26Sch. inserted (1.4.2008) by Police and Justice Act 2006 (c. 48), ss. 40(4), 53(1)(a), Sch. 12 (with s. 40(6)(7)); S.I. 2008/790, art. 3(a)
- C3Art. 4 applied (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 69(6)(a), 88(1); S.I. 2015/820, reg. 2(m)
- C4Sch. applied (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 69(6)(b), 88(1); S.I. 2015/820, reg. 2(m)
- F27Words in art. 4(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 77(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
- F28Words in Sch. para. 12 repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 77(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
- F29Words in art. 3A(1) substituted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(8)(a), 240(4)
- F30Words in art. 3A(1) substituted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(8)(b), 240(4)
- F31Word in art. 3A(1)(b) omitted (26.10.2023) by virtue of Online Safety Act 2023 (c. 50), ss. 214(8)(c), 240(4)
- F32Art. 3A(1)(d) and word inserted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(8)(d), 240(4)
- F33Art. 3A(3) inserted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 214(9), 240(4)
- M11954 c.33
- M21954 c.33