The Ministry of Justice has published a circular explaining new criminal offences brought into force under the Crime and Policing Act 2026, including an offence addressing the wrongful detention of children abroad and offences targeting the possession and publication of specified forms of pornography.
What has the Ministry of Justice announced?
The Ministry of Justice published MOJ circular: Child abduction and pornography offences on 6 November 2026. The circular, issued by the Criminal Law Policy Unit, explains the commencement of provisions in the Crime and Policing Act 2026 and summarises the offences, relevant defences and penalties.
The changes address two distinct areas. The first concerns a person connected with a child under 16 who keeps the child outside the UK without the required consent after the child was initially taken or sent abroad lawfully. The second concerns possession and publication of specified pornographic images depicting strangulation or suffocation, penetrative sexual activity between certain family members, or sexual activity involving a person who is or is pretending to be under 16.
The circular is addressed to judicial, prosecutorial, police, prison and other public authorities, as well as relevant legal and regulatory organisations. It applies to England and Wales.
When did the new offences come into force?
The circular confirms that the relevant provisions came into force on 6 November 2026. The commencement is set out in the Crime and Policing Act 2026 (Commencement No. 4) Regulations 2026.
- The Child Abduction Act establishes the existing parental child abduction offence concerning the removal of a child from the UK without the required consent.
- The High Court decision in R (Nicolaou) v Redbridge Magistrates’ Court highlights that the existing wording did not extend to subsequent retention of a child abroad after a lawful departure.
- The Law Commission recommends extending the law to cover parental child retention abroad without the necessary consent.
- The Independent Pornography Review is published and identifies concerns about harmful depictions in pornography.
- The relevant provisions of the Crime and Policing Act 2026 come into force and the Ministry of Justice circular is published.
What is the new child detention offence?
Section 137 of the Crime and Policing Act 2026 amends section 1 of the Child Abduction Act 1984 by inserting a new subsection (1A). It makes it an offence for a person connected with a child under the age of 16 to detain that child outside the UK without appropriate consent, where the child was originally taken or sent abroad with that consent.
The change addresses a gap in the previous law. The existing offence covered taking or sending a child out of the UK without the necessary consent. However, following the High Court’s decision in R (Nicolaou) v Redbridge Magistrates’ Court [2012], the words “takes or sends” were not interpreted as covering the later retention of a child abroad. This meant that a person who initially took a child abroad lawfully could fall outside the offence by keeping the child there beyond the agreed or authorised period.
Under the new provision, the relevant conduct is the subsequent detention abroad without appropriate consent. The circular explains that appropriate consent has the same meaning as under the existing section 1 offence. In most cases, this means the consent of all persons with parental responsibility or, where necessary, the permission of the court.
The Act also extends certain statutory exceptions. A person named in a child arrangements order as someone with whom the child is to live may fall within an exception where the detention lasts for less than one month. A special guardian may fall within an exception where the detention lasts for less than three months. These exceptions do not apply where the detention breaches an order made under Part II of the Children Act 1989.
The amendments apply only where the taking or sending of the child out of the UK takes place on or after the date section 137 comes into force.
What pornography offences have been created?
The circular explains that sections 104, 106 and 107 of the Crime and Policing Act 2026 insert new provisions into the Criminal Justice and Immigration Act 2008. They create offences of possessing or publishing specified pornographic images.
The first category concerns images which portray, in an explicit and realistic way, one person strangling or suffocating another, where a reasonable person would think the people depicted were real.
The second category concerns images portraying explicit and realistic penetrative sexual activity between people whom a reasonable person would think are related, or are pretending to be related, in specified ways. The relationships listed include parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew and niece. Certain step and foster relationships are also covered where at least one person is, or is pretending to be, under 18. Sound or other information associated with an image may be considered when assessing whether the people are, or are pretending to be, related in a specified way.
The third category concerns images which a reasonable person would consider to portray explicit and realistic sexual activity involving real people, where at least one person is, or is pretending to be, under 16. The circular notes that a person is not to be treated as pretending to be under 16 where it is fanciful that they are actually under 16 in the way pretended.
The offences are limited to images depicting people who appear to a reasonable person to be real. For publication, a person publishes an image if they give it, or make it available, to another person by any means.
What penalties and defences apply?
The circular sets out different maximum penalties for possession, depending on the category of image. The maximum penalty for publication is five years’ imprisonment for each of the new offences.
| Offence category | Possession | Publication |
|---|---|---|
| Images depicting strangulation or suffocation | Up to 2 years’ imprisonment | Up to 5 years’ imprisonment |
| Images depicting penetrative sexual activity between specified family members | Up to 2 years’ imprisonment | Up to 5 years’ imprisonment |
| Images depicting sexual activity involving a person under 16 or pretending to be under 16 | Up to 3 years’ imprisonment | Up to 5 years’ imprisonment |
The circular also identifies statutory defences. A person may have a defence where they had not previously seen the image and did not know, or have cause to suspect, that it was covered by the offences. It also describes a defence where the person directly participated in the act depicted and the relevant statutory criteria are met.
For possession offences, a defence may be available where an image was sent to the person without being requested, either directly or through a third party, and the person did not keep it for an unreasonable length of time. The offences also provide for a defence based on having a legitimate reason for possessing or publishing the image.
What do the changes mean for online platforms?
The new pornography offences are designated as priority offences under Schedule 7 to the Online Safety Act 2023. The circular states that regulated services will be required, in line with Ofcom guidance and Codes of Practice, to carry out relevant risk assessments and put proportionate systems and processes in place to prevent UK users from encountering the illegal content.
Ofcom is responsible for monitoring and enforcing compliance with the Online Safety Act framework. The designation therefore connects the new criminal offences with the platform safety obligations established under that legislation.
For legal practitioners, the circular provides an outline of the new statutory provisions, the scope of the offences and the principal defences and penalties. It also highlights the importance of distinguishing the new child-retention offence from the pre-existing offence of taking or sending a child abroad without consent.
Frequently asked questions
When did the new offences come into force?
The relevant provisions came into force on 6 November 2026.
Does the new child abduction offence cover a child who initially travelled abroad lawfully?
Yes. The new offence addresses the subsequent detention of a child under 16 outside the UK without appropriate consent, where the child was initially taken or sent abroad with that consent.
What does appropriate consent mean?
It has the same meaning as under section 1 of the Child Abduction Act 1984. In most cases, it means the consent of all people with parental responsibility or, where required, the permission of the court.
What is the maximum sentence for possessing the specified images?
The maximum is two years’ imprisonment for images depicting strangulation or suffocation, or penetrative sexual activity between specified family members. It is three years for images depicting sexual activity involving a person who is or is pretending to be under 16.
What is the maximum sentence for publishing the specified images?
The maximum penalty for publication is five years’ imprisonment for each of the categories covered by the new offences.
Are there defences to the pornography offences?
Yes. The circular identifies defences including lack of prior knowledge in specified circumstances, legitimate reason, direct participation where statutory criteria are met, and—in possession cases—receipt of an unsolicited image which was not kept for an unreasonable length of time.
Do the new offences apply throughout the UK?
The GOV.UK publication states that the circular applies to England and Wales.