Overview

This bill aims to increase penalties for individuals who refuse to disclose encrypted material suspected of containing indecent images of children, particularly those with prior convictions for child sexual offences. The amendment focuses on strengthening existing laws by increasing the potential prison sentence for non-compliance with court orders.

Description

The Protection of Children (Encrypted Material) Bill amends Section 53 of the Regulation of Investigatory Powers Act 2000. This section deals with penalties for failing to comply with a notice requiring the disclosure of protected information. The bill introduces a new subsection (5C) that specifies a five-year prison sentence for non-compliance under certain conditions.

Conditions for Increased Penalty:

• Previous conviction for a relevant sexual offence (defined by the bill to include offences under various acts related to child sexual abuse).
• Possession of an indecent photograph of a child.
• Court determination that it's more likely than not that the protected information contains an indecent photograph of a child.

The bill also adds a new entry to Schedule 3 of the Sexual Offences Act 2003, listing the new offence (failure to comply with a notice under section 53 of the RIPA 2000, where subsection (5C) applies) as a notifiable offence. The bill is set to come into force three months after its passage.

Government Spending

The bill does not directly specify any changes to government spending. The potential cost implications relate to enforcement and prosecution, which are likely to increase with stricter penalties but there are no figures provided in the bill text.

Groups Affected

• Individuals suspected of possessing indecent images of children: They will face significantly increased penalties if they fail to comply with disclosure orders.
• Law enforcement agencies: They may see an increase in prosecutions under this amended legislation.
• The judiciary: Judges will be tasked with applying the new sentencing guidelines.

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