Brand new terms of brand new protection will vary per supply of the PCA 1978 and you may CJA 1988 but the prominent core criteria is actually:
Particular Defences towards the Provisions
- Brand new defendant should establish you to definitely (a) new photo are regarding a young child aged 16 otherwise 17 and you may (b) in the course of new make involved the guy as well as the son was basically hitched otherwise municipal lovers otherwise stayed together with her inside the an enthusiastic "enduring family members relationships". This will be a legal weight.
- This new photo shown the kid by yourself otherwise for the accused however, no one else.
Towards the other about three forms of run that this new defence may apply (ss. 1(1)(a) and you will (c) of your own PCA 1978 and you can s. 160(1) CJA 1988) you will find an extra demands that sufficient evidence was adduced so you're able to improve problems (i.age. with the offender meet up with an evidential burden) regarding:
Particular Defences towards Conditions
- Perhaps the child agreed to the defendant's and work out, delivering otherwise palms (because circumstances could be) of one's photo otherwise if the defendant relatively thought she decided;
- Simultaneously, in the case of section 1(1)(c) only, perhaps the accused possessed brand new photograph which have a view so you're able to it getting marketed or proven to someone other than the little one.