DM, R. v

DM, R. v

The Protection of Children Act 1978, as amended, is compatible with ECHR Articles 8 and 10. The statutory defence under s1A is limited to married or enduring family relationships and does not extend to brief sexual relationships. The legislation is proportionate and necessary for the protection of children from...

Source-derived case information.

Parties
Respondent: Regina; Appellant: D. M.
Jurisdiction
England and Wales
Judgment Date
24 November 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Indecent Photographs of Children, Protection of Children Act 1978, European Convention on Human Rights, Consent to Prosecution, Strict Liability Offences
Criminal Law Human Rights Indecent Photographs of Children Protection of Children Act 1978 European Convention on Human Rights Consent to Prosecution Strict Liability Offences

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Parties

Regina

Respondent

D. M.

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether conviction under Protection of Children Act 1978 is compatible with ECHR Articles 8 and 10
  2. 2 Whether prosecution was properly instituted with valid consent from the Director of Public Prosecutions

Ratio Decidendi

The Protection of Children Act 1978, as amended, is compatible with ECHR Articles 8 and 10. The statutory defence under s1A is limited to married or enduring family relationships and does not extend to brief sexual relationships. The legislation is proportionate and necessary for the protection of children from exploitation. Consent to prosecution was properly obtained and does not breach Convention rights.

Court Disposition

Appeal dismissed