Coroners and Justice Act 2009

Section 57 amends section 1 of the Infanticide Act 1938 so that it is clear that the offence and defence of infanticide are available only in respect of a woman who would otherwise be found guilty of murder or manslaughter.

Chapter 2 deals with the difficult issue of what is a pornographic image of a child.

Section 62 creates a new offence in England and Wales of possession of a prohibited image of a child. In order to be a prohibited image, an image must be pornographic, be grossly offensive, disgusting or otherwise of an obscene character. An image must be of such a nature that it must reasonably be assumed to have been produced solely or mainly for the purpose of sexual arousal.

For instance a prohibited image for the purposes of the offence is one which focuses solely or principally on a child’s genitals or anal region or portrays any of a defined list of acts set out in the statute.

Further sections in Chapter 2 define this offence further and clarify the Video Recordings Act 1984. There are also amendments to the Protection of Children Act 1978 and the Criminal Justice Act 1988.

Section 71 creates a new offence in England and Wales and Northern Ireland of holding someone in slavery or servitude, or requiring a person to perform forced or compulsory labour.

Chapter 3 of the Act makes special provisions for child witnesses giving evidence in criminal cases and makes amendments to the  Youth Justice and Criminal Evidence Act 1999.

See here: Coroners and Justice Act 2009