The information available is shown in the following table.
2003 2004 2005 2006 2007 Total sentenced 1,261 1,140 1,129 948 944 Total immediate custody 640 595 561 392 404 Maximum (Years) 9 7 IPP IPP IPP Minimum (Weeks) 4 2 4 4 8 1 Section 1 (1) of the Protection of Children Act 1978, Section 160 (1) of the Criminal Justice Act 1988. Note: These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system. Source: OMS Analytical Services, Ministry of Justice.
There is no specific offence of viewing child abuse images, this table covers a wider range of offences and it is not solely based on viewing child abuse images. These data are presented on the principal offence basis. Where an offender has been sentenced for more than one offence, the principal offence is the one for which the heaviest sentence was imposed. Where the same sentence has been imposed for two or more offences, the principal offence is the one for which the statutory maximum is most severe.
There are two main offences in this area:
Under Section 1 (1) of the “Protection of Children Act 1978” it is an offence for a person:
(a) to take, or permit to be taken, or to make any indecent photograph or pseudo-photograph of a child; or
(b) to distribute or show such indecent photographs or pseudo-photographs; or
(c) to have in his possession such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself or others; or
(d) to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.
These offences carry a ‘maximum 10-year prison sentence’.
Section 160 (1) of the Criminal Justice Act 1988 makes it an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession.
This offence carries a maximum prison term of five years.
A sentence of imprisonment for public protection can be given for a specified sexual (or violent offence) that carries a maximum penalty of 10 years or over; the relevant offences are set out in schedule 15 to the Criminal Justice Act 2003 and include an offence under section 1 of the Protection of Children Act 1978. These sentences ensure that serious offenders will not be released from prison unless their level of risk to the public is assessed by the Parole Board as manageable in the community. If the level of risk cannot be assessed as manageable, they will not be released. An offence under section 160 of the Criminal Justice Act 1988 may attract an extended sentence for public protection. Such a sentence requires the offender to be on licence and under supervision for a longer period for the purposes of public protection.