Overview

This bill amends the Regulation of Investigatory Powers Act 2000 to increase penalties for individuals who fail to comply with a notice to disclose protected material suspected of containing indecent images of children, especially if they have prior convictions for child sexual offences.

Description

The bill increases the penalty for non-compliance with a disclosure notice under the Regulation of Investigatory Powers Act 2000. The current penalty will be amended to include a five-year sentence if:

• The individual has a prior conviction for a relevant sexual offense (defined within the bill to include offenses under various Acts relating to child pornography and abuse).
• Indecent photographs of children are found in their possession.
• The court determines it is more likely than not that the protected information contains an indecent photograph of a child.

The bill also adds non-compliance under these stricter conditions to the list of offenses requiring notification in Schedule 3 of the Sexual Offences Act 2003. The bill comes into force three months after its passage.

Government Spending

The bill does not explicitly state any direct impact on government spending. However, increased prosecutions and prison sentences could lead to increased costs in the justice system, though it's difficult to quantify this without further information.

Groups Affected

The bill will directly affect:

• Individuals suspected of possessing or concealing indecent images of children: They face significantly harsher penalties for non-compliance with disclosure notices.
• Law enforcement agencies: They will have a stronger legal basis for pursuing those suspected of such crimes.
• The justice system: Increased caseloads and potential increased costs associated with longer sentences.
• Children depicted in indecent images: The bill aims to protect them by increasing the likelihood of identifying and prosecuting offenders.

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