1st May 2024
Details
The National Police Chiefs’ Council (“NPCC”) has revised their approach to Home Office recording of child self-generated indecent imagery (“SGII”) in order to encourage a more child-centred approach.
This guidance has not been published and has instead been circulated internally.
Changes to recording of SGII
SGII refers to sexually explicit imagery (including nudes and semi-nudes) that a child takes of themselves and includes both still imagery and videos. It is illegal to take/share an indecent image of a child, even if the child is the original producer/sharer, and to possess an indecent image of a child, even if the person possessing the image themselves is also under the age of 18.
There are three categories of crimes related to the production and distribution of SGII:
- Aggravated SGII: where a child is groomed, coerced, deceived or extorted by a peer or adult to produce and share sexual material of themselves.
- Non-aggravated SGII: where a child produces sexual material of themselves and willingly shares it with another child with no evidence of an imbalance of power. This category is commonly referred to as ‘sexting’.
- Repeated SGII: where a child repeatedly comes to the attention of police for SGII behaviours.
Previously, individuals involved in incidents of non-aggravated SGII were recorded as ‘suspects’. However, the revised approach seeks to minimise the long-term implications of a child being linked as a suspect to a child sex offence by instead recording these individuals as ‘person involved’ on force crime recording systems, encouraging a more child-centred approach.
Commentary
In light of the revised approach, examples have been shared showing when and how to record crimes from the three categories.
Category 1 offences are concerned with instances where the circumstances of the taking or the sending of the image amount to additional or separate offences. Where the SGII production/distribution is aggravated, there would only be a requirement to record the crime that has led to the production or the distribution. Aggravating factors include when a child is coerced into taking indecent images, the incident involves an adult, or where there is a clear power imbalance.
With category 2 offences, when there are no aggravating factors, the crimes that should be recorded are one crime of sexual activity involving a child and one crime of obscene publications. All children involved should be recorded as a ‘person involved’ for their respective crime. The NPCC recommend that these crimes should be closed with an Outcome 20, 21 or 22 as appropriate.
With category 3 offences, where the same child repeatedly comes to the attention of police for SGII behaviours, an alternative intervention may be required to ensure the child involved is appropriately safeguarded due to evidence of a concerning and/or escalating pattern of behaviour.
FAQs published by NPCC alongside the revised approach clarify that while such actions of non-aggravated SGII may stem from natural adolescent curiosity, they legally constitute criminal offences and must be recorded accordingly. Multiple crimes may be recorded even in consensual peer exchanges to ensure escalating behaviour is tracked. The guidance supports categorising involved children as "persons involved" rather than suspects when no aggravating factors exist, with data shared across forces via the Police National Database to identify repeat behaviour. The guidance diverges from the new Child Gravity Matrix in non-aggravated SGII cases, reflecting a nuanced approach to youth involvement in such incidents. This guidance, alongside other materials highlighted in Youth Justice Legal Centre’s Sexting Legal Guide, including the College of Policing Briefing Note ‘Police Action in Response to Youth Produced Sexual Imagery (“sexting”), 2016, should be the primary guidance when dealing with this category of offence. The guidance diverges from the new Child Gravity Matrix in non-aggravated SGII cases, however the matrix does not deal with category 2 offences, so the guidance should be followed in these cases.