[F1Exception for criminal proceedings, investigations etc.N.I.

3A.—(1) In proceedings for an offence under Article 3(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if [F2the defendant] proves that—

(a)it was necessary for [F3the defendant] to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b)at the time of the offence charged [F2the defendant] was a member of the Security Service [F4or the Secret Intelligence Service], and it was necessary for [F3the defendant] to make the photograph or pseudo-photograph for the exercise of any of the functions of [F5that Service], F6...

(c)at the time of the offence charged [F2the defendant] was a member of GCHQ, and it was necessary for [F3the defendant] to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ [F7, or

(d)the defendant—

(i)was at the time of the offence charged a member of OFCOM, employed or engaged by OFCOM, or assisting OFCOM in the exercise of any of their online safety functions (within the meaning of section 235 of the Online Safety Act 2023), and

(ii)made the photograph or pseudo-photograph for the purposes of OFCOM’s exercise of any of those functions.]

(2) In this Article "GCHQ" has the same meaning as in the Intelligence Services Act 1994.

[F8(3) In this Article “OFCOM” means the Office of Communications.]]