Like it or not, much of modern childhood is lived online. The advent of the smartphone era means children can now easily access, send and receive digital material in a way that would have been unthinkable just a generation ago.
It is incredibly easy for children to break the law in the way they use their digital devices. Many may not appreciate that what they are doing is even illegal.
Over recent years there has been a surge in the number of children being investigated by the police for offences under section 1 Protection of Children Act (PCA) 1978 commonly referred to as ‘sexting’.
This law makes it an offence for a person to make, distribute, possess or show any sexual imagery of anyone aged under 18 years, even with the consent of the young person. It is not a defence that the person who made, possessed, distributed or showed the sexual imagery was themselves under 18 years.
The upshot of this law is that it is illegal for two young people, who may be aged 17 (and in a stable and happy sexual relationship) to consensually send each other nude photos of each other.
Police often receive intelligence about ‘sexting’ from a teacher or a parent who becomes aware of messages being passed around a school or college. When this happens, young people may become implicated in the alleged offending. There may be an internal school disciplinary proceeding; and also, potentially, a criminal investigation.
Hickman & Rose offer immediate, specialist advice in these situations including how to best navigate engaging with the police.