Sexual Offences Act 2003 Memorandum of Understanding
Memorandum of Understanding Between Crown Prosecution
Service (CPS) and the Association of Chief Police Officers (ACPO)
concerning Section 46 Sexual Offences Act 2003
We are pleased to publish this Memorandum of
Understanding Between the Crown Prosecution Service (CPS) and the
Association of Chief Police Officers (ACPO) concerning Section 46 Sexual
Offences Act 2003.
The Crown Prosecution Service and the Association of
Chief Police Officers have developed this Memorandum of Understanding.
Both signatory organisations recognise the need for investigating and
prosecuting authorities to work together and to share information and
best practice. We acknowledge that those professionally involved in the
management, operation or use of electronic communications networks and
services need to be re-assured of protection where they are acting to
combat the creation and distribution of images of child abuse.
This Memorandum of Understanding has been drafted to be in accordance with domestic and European law.
We encourage Chief Crown Prosecutors and Chief Officers of Police to adopt this Memorandum.
We believe that this Memorandum will encourage better
understanding, closer working relationships and greater consistency
between those involved in the investigation and prosecution of child
abuse cases. We also believe that its introduction will help ensure the
signatory organisations work in partnership for the benefit and
protection of children to improve public confidence in the criminal
justice system.
The aim of this memorandum is to help clarify the
position of those professionally involved in the management, operation
or use of electronic communications networks and services who may face
jeopardy for criminal offences so that they will be re-assured of
protection where they are acting to combat the creation and distribution
of images of child abuse. This memorandum has been created within the
context of child protection, which will always take primacy.
The Memorandum of Understanding can be downloaded here (PDF 95KB).