Correspondence

Online Safety Act: new criminal offences circular

Published 31 January 2024

Introduction

1. This circular is issued to inform the police and other relevant public authorities of certain provisions of the Online Safety Act (“the Act”) in particular new criminal offences. This circular does not constitute legal advice. It is not a statement of law and is not intended to provide a comprehensive description or interpretation of the provisions. The circular should be read alongside the Act and the accompanying explanatory notes.

Background

2. The Act received Royal Assent on 26 October 2023 and contains a range of measures intended to improve online safety in the UK, including duties on platforms about having systems and processes in place to manage harmful content on their sites, including illegal content. The Act also introduces new criminal offences and creates Ofcom as the regulator for online safety, granting it new powers including those required to enforce the framework.

3. This circular sets out the offences in the Act in three groups:

a. offence relating to the new requirement to report Child Sexual Exploitation and Abuse (CSEA) content to the National Crime Agency (NCA) in section 69 of the Act – this offence is not yet in force;
b. offences in Part 7 of the Act, which relate to Ofcom’s enforcement powers – these came into force on 10 January 2024; and
c. offences in Part 10 of the Act (“communications offences”) – these came into force on 31 January 2024.

4. This document refers to services regulated under the Act; see section 4 of the Act for a definition of this. In practice this will include platforms operating in the UK that provide search services or allow users to interact by uploading content.

5. For enquiries please contact Security & Online Harms Directorate, Department for Science, Innovation and Technology sohcorrespondence@dsit.gov.uk.

Part 4  - CSEA reporting

Section 69 – offence in relation to CSEA reporting

6. Section 66 requires providers of services regulated under the Act   to have systems and processes in place (so far as possible) to ensure that they report all detected and unreported CSEA content present on the service to the NCA.

7. Section 69 establishes an offence in relation to this requirement. This offence will criminalise a person who knowingly or recklessly provides materially false information.

8. Sections 66 and 69 have not been commenced at the time of publication of this circular (January 2024) and therefore the offence is not yet in force. Further implementation work needs to be carried out including making the regulations under section 67 that will set out further requirements about the reporting process including the format of reports or the timeframe for sending these to the NCA. This circular will be updated once the requirement and offence are in force.

Part 7 – Enforcement offences

Section 109 – Offences in connection with information notices

9. Section 109 establishes four new criminal offences related to failure to comply with an information request from the regulator, Ofcom.

10. A person commits an offence if the person fails to comply with a requirement of an information notice. It is a defence for a person to show they could not reasonably comply with the information request or, since failing to do so, have taken all reasonable steps to comply with those initial requirements.

11. A person commits an offence if, in response to an information notice they provide information that is false in a material respect, and, at the time the person provides it, the person knows that it is false in a material respect or is reckless as to whether it is false in a material respect.

12. A person commits an offence if, in response to an information notice, the person provides information which is encrypted such that it is not possible for Ofcom to understand it, or produces a document which is encrypted such that it is not possible for Ofcom to understand the information it contains, and the person’s intention was to prevent Ofcom from understanding such information.

13. Finally, a person commits an offence if they suppress, destroy or alter, or cause or permit the suppression, destruction or alteration of, any information required to be provided, or document required to be produced, by an information notice, and the person’s intention was to prevent Ofcom from being provided with the information or document or (as the case may be) from being provided with it as it was before the alteration.

14. Upon conviction of an offence under this section, the court may, on the prosecutor’s application, make an order requiring the convicted person to comply with the initial information request.

15. The section 110 ‘Senior management liability: information offences’ described below are dependent on a determination that the regulated service has committed (though not been prosecuted under) one of the new offences above.

Section 110 – Senior manager’s liability: information offences

16. An ‘individual named as a senior manager of an entity’ (as defined in section 103) commits an offence if the entity commits an offence in relation to any of those in section 109 (1), and (3) to (5) and the individual has failed to take all reasonable steps to prevent that offence being committed.

17. In relation to the offence of a failure to comply with an information notice (section 109(1) and 110(2)), it is a defence for that individual to show that they were a senior manager within the meaning of section 103 for such a short time that they could not have been expected to take all reasonable steps to prevent the offence being committed.

18. In relation to the other offences related to section 109 (3) to (5), an individual can rely on a defence that they were not a senior manager (within the meaning of section 103) at the time of the offence.

19. For all offences under section 110, it is a defence for an individual to show that they had no knowledge of being named as a senior manager in a response to the information notice in question.

Section 111 – Offences in connection with notices under Schedule 12

20. Section 111 establishes offences in connection with notices under Schedule 12, which relates to Ofcom’s powers of entry, inspection and audit.

21. Subsection (2) provides that it is an offence, in connection with audit notices, for persons to provide information that is false, and at the time the person provides it, the person knows that it is false or is reckless as to whether it is false.

22. Subsection (3) provides that it is an offence in connection with inspection or audit notices for a person to intentionally suppress, destroy or alter information required to be provided to Ofcom.

23. Upon conviction of an offence under this section, the court may, on the prosecutor’s application, make an order requiring the convicted person to comply with a requirement of a notice requiring information, documents or tests at inspection, or an audit notice.

Section 112 – Other information offences

24. This section establishes additional information-related offences. It is a criminal offence for persons to: a. intentionally obstruct or delay a person copying a document; b. fail (without reasonable excuse) to attend or participate in an interview with Ofcom; and c. knowingly or recklessly provide false information when being interviewed by Ofcom.

25. Upon conviction under this section, the court may require the convicted person to comply with making a copy of a document or a requirement in relation to interviews under section 106 within a specified period.

Section 113 – Penalties for information offences

26. Section 113 provides the penalties for information offences. A person who commits an offence under sections 109(1), 110(2) or 111(1) is liable on summary conviction, or on conviction on indictment, to a fine. A person who commits an offence under sections 112(2) or (3) is liable to a fine on summary conviction.  A person who commits an offence under sections section 109(3), (4) or (5), 110(4), (5) or (6), 111(2) or (3) or 112(1) is liable on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); or, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

Section 138 – Confirmation decision: offences

27. Section 138 creates an offence of failure to comply with requirements of a confirmation decision (see section 133) that relate to specified duties to protect children’s online safety without reasonable excuse. The specified duties are those at section 12(3)(a), section 12(3)(b), section 81(2), or section 81(4).

28. This section further provides that a person commits an offence if the person fails to comply, without reasonable excuse, with a CSEA requirement imposed by a confirmation decision given to the person.

29. A person who commits an offence under this section is liable for different penalties on summary conviction in England and Wales, Scotland and Northern Ireland, and on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both) on conviction on indictment.

Part 10 – Communications offences

Section 179 – False communications offence

30. A person commits the false communications offence if they send a message conveying information that they know to be false, and at the time of sending it they intend the message to cause non-trivial psychological or physical harm to a likely audience (i.e. someone who could reasonably be foreseen to encounter the message or its content) and they have no reasonable excuse for sending the message.

31. This offence is intended to replace the offence in section 1(a)(iii) of the Malicious Communications Act 1988 and (for England, Wales and Northern Ireland) the offence in section 127(2)(a) and (b) of the Communications Act 2003, which have been repealed by section 189 of the Act.

32. If several or many people are the “likely audience” then it is not necessary that the person intended to cause non-trivial psychological or physical harm to any of them in particular (or to all of them).

33. Proceedings for the false communications offence may be brought within 6 months of sufficient evidence in the opinion of the prosecutor, and after no more than 3 years after an offence has been committed.

34. This offence extends to England, Wales and Northern Ireland, and is devolved. It is a summary only offence, which carries a maximum penalty of 51 weeks   imprisonment or a fine (or both).

Section 180 – Exemptions from offences under section 179

35. This section sets out exemptions for the false communications offence, including an exemption for recognised news publishers and  exemptions for holders of broadcast or multiplex licences, and providers of an on-demand programming service. This section also provides that the offence cannot be committed in connection with the showing of a film made for cinema to members of the public.

Section 181 – Threatening communications offence

36. This offence criminalises instances where a person who sends a message conveying a threat of death, serious injury, rape, assault by penetration, or serious financial loss, and intends that (or is reckless as to whether) someone encountering the message will fear the threat will be carried out.

37. The threatening communications offence captures threats where the recipient fears that someone other than the sender of the message may carry out the threat. This does not change the scope of the offence, which like other offences to do with threats^{[footnote 1]}, would anyway capture threats carried out by third parties.

38. With respect to threats of serious financial loss, it is a defence for a sender to show both that the threat was used to reinforce a reasonable demand and that they reasonably believed the threat was a proper means of reinforcing the demand.

39. This offence replaces the offence in section 1(1)(a)(ii) of the Malicious Communications Act 1988, which is repealed by section 189 of the Online Safety Act .

40. This offence extends to England, Wales and Northern Ireland, and is devolved. The offence is triable either way  and has a maximum penalty of five years’ imprisonment, or a fine, or both. 

Section 182 – Interpretations of sections 179 to 181

41. This section sets out how different aspects of the offences in sections 179 (false communications offence) and 181 (threatening communications offence) should be interpreted.

42. For both offences, it is made explicit that a person “sends a message” if they send, transmit or publish a communication (including an oral communication by electronic means), or if they send, give to an individual, a letter  or a thing of any description.

43. A provider of an internet service by which a message is sent is not to be regarded as a person who sends a message simply by virtue of providing that internet service.

44. The word “encounter” in relation to a message should be interpreted as read, view, hear, or otherwise experience the message.

45. For the purposes of the offences, it does not matter if the content of the message is created by the person who sends it.  A message can consist of or include a hyperlink to other content.

46. For the online context, the date on which a person commits an offence is the date on which the message is first sent.

Section 183 – Offences of sending or showing flashing images electronically

47. This section creates two new offences that are specially targeted at sending or showing flashing images with the intention of causing harm to a person with epilepsy where “harm” means a seizure, or alarm or distress.

48. The first is an offence of sending a communication by electronic means which consists of or includes flashing images, where one of two conditions are met, without a reasonable excuse.

49. Condition 1 is that, at the time the communication is sent, it is reasonably foreseeable that an individual with epilepsy would be among the individuals who would view the communication, and the communication is sent with the intention that such an individual will suffer harm as a result. This is intended to capture speculative messages sent to multiple people, for example on social media. Condition 2 is that, when sending the communication, the person sending it believes that an individual whom the sender knows or suspects to be an individual with epilepsy will, or might, view it and intends that individual to suffer harm as a result. This is intended to capture the more targeted sending of flashing images to an individual who the sender knows, or suspects, has epilepsy.

50. References in subsections (2)(a) and (3)(a) to viewing the communication include references to viewing a subsequent communication forwarding or sharing the content of the communication. The offence of sending a communication may therefore be committed by a person who forwards or shares the electronic communication, as well as by the person sending it.

51. There are exemptions related to this offence. The offence of sending flashing images electronically cannot be committed: by recognised news publishers; by those with licences under the Broadcasting Acts 1990 or 1996; by the holder of a multiplex licence; by the providers of on-demand programme services; or in connection with the showing to members of the public of a film that was made for cinema.

52. This section also creates a separate offence of showing another person flashing images by means of an electronic communications device. The offence is committed if a person shows an individual flashing images, for example on a mobile phone screen, when showing the images knows or suspects that the individual concerned is an individual with epilepsy, intends that that individual will suffer harm as a result of viewing them, and if the person has no reasonable excuse for showing the images.

53. Either offence created by this section cannot be committed by a healthcare professional acting in that capacity.

54. These offences extend to England and Wales and Northern Ireland . It is reserved in respect of Northern Ireland, and partially devolved for Wales.  A person who commits either offence created by this section is liable: on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

55. Under this section, references to sending a communication or showing flashing images include references to causing a communication to be sent or causing flashing images to be shown.  Further definitions for the purpose of this section of the Act are set out in subsection (13).

Section 184 – Offence of encouraging or assisting serious self-harm 

56. This section creates a new communications offence of encouraging or assisting serious self-harm^{[footnote 2]}. A person commits an offence if they do a relevant act    capable of encouraging or assisting the serious self-harm of another person; and their act was intended to encourage or assist the serious self-harm of another person.  Doing a relevant act includes, communicating in-person or sending, transmitting, or publishing a communication by electronic means, or showing a person such communication, or publishing material by other means. It also includes sending, giving, showing, or making available to a person published material or any form of correspondence, and the sending, giving or making available an item with stored electronic data.

57. “Serious self-harm” means self-harm amounting to, in England and Wales and Northern Ireland, grievous bodily harm within the meaning of the Offences Against the Person Act 1861 and, in Scotland, severe injury; and includes successive acts of self-harm which cumulatively reach that threshold.

58. Under this section, the person committing the offence need not know, or even be able to identify, the person or persons who receive the communication. So, a person who intends that a recipient or recipients of their communication will seriously harm themselves is guilty of an offence, even though he or she may never know the identity of those who receive the communication.

59. An offence can be committed whether or not serious self-harm occurs.  In addition, a person who arranges for someone else to do an act capable of encouraging or assisting the serious self-harm of another person will also be committing an offence if the other person carries out that act.

60. A person commits an offence even if the content of their communication or publication was not created by them. For example, the offence may be committed online where someone forwards another person’s direct message or shares another person’s post, and it may also be committed where a person publishes a physical document such as a pamphlet or booklet even if they did not write the material.

61. A person commits an offence in circumstances where a communication is sent, transmitted or published by electronic means and it includes a hyperlink to other content, and therefore content is accessed directly via the hyperlink. In addition, an offence is also committed where a person sends, gives or makes available (e.g. places somewhere for a person to find) an item on which data is stored electronically. For example, if someone sends a person a memory stick containing material and they intend to encourage or assist the recipient to seriously self-harm, they will commit an offence.

62. This section specifically sets out that an internet service provider does not commit the offence merely by providing a means through which others can publish content that is capable of encouraging or assisting serious self-harm.

63. References to doing an act capable of encouraging or assisting the serious self-harm of another person include a reference to doing so by threatening another person or otherwise putting pressure on another person to seriously self-harm.

64. For the purpose of this section, an “act” of serious self-harm includes an omission.  This would therefore capture, for example,  where a person might stop eating or taking required prescription medication, as a result of intended acts by a person which are capable of encouraging or assisting such serious self-harm.

65. This offence extends to England and Wales, Scotland and Northern Ireland. It is devolved in respect of Wales, Scotland and Northern Ireland. A person who commits the offence is liable:  on summary conviction in England and Wales, to a term not exceeding the general limit in a magistrates’ court or a fine (or both); on summary conviction in Scotland, to a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); on summary conviction in Northern Ireland, to a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and  on conviction on indictment to a term not exceeding five years or a fine (or both).

Section 185 – Extra-territorial application and jurisdiction

66. The offences established by sections 179(1) (false communications), 181(1) (threatening communications) and 183(1) (sending or showing flashing images) can be committed outside the United Kingdom, but only by an individual who habitually resides in England, Wales or Northern Ireland, or by a body incorporated or constituted under the law of England, Wales or Northern Ireland.

67. In addition, the offence established by section 184(1) (encouraging or assisting serious self-harm) can be committed outside of the United Kingdom, but only if the act is done by an individual who is habitually resident in the United Kingdom, or a body incorporated under the law of any part of the United Kingdom.

68. Courts in England and Wales and Northern Ireland will have jurisdiction over an offence under sections 179, 181 or 183 that is committed outside the United Kingdom.

69. Courts in the United Kingdom will also have jurisdiction over an offence committed under section 184 that is committed outside the United Kingdom. In relation to this offence, specific provision for such proceedings being taken in Scotland is set out in subsection (7).

Section 186 – Liability of corporate officers

70. An officer of a body corporate can, where appropriate tests are met, be held criminally liable when the body corporate commits an offence under sections 179, 181, 183 or 184. An “officer” means a director, manager, associate, secretary or other similar officer; or a person purporting to act in any such capacity.

71. Equivalent provisions for the liability of partners when a Scottish partnership commits an offence under section 184 is also made.  The definition of “partner” also includes someone purporting to act as a partner for this purpose.

Section 187 – Sending etc photograph or film of genitals

72. This section creates a new criminal offence of “sending etc photograph or film of genitals” (sometimes referred to as the “cyberflashing” offence). The new offence is inserted as section 66A of the Sexual Offences Act 2003.

73. The offence criminalises intentionally sending or giving a photograph or film of any person’s genitals to another person either with the intention that the recipient will see the genitals and be caused alarm, distress or humiliation, or for the purpose of obtaining sexual gratification whilst reckless as to whether the recipient will be caused alarm, distress or humiliation.

74. The offence, which applies in England and Wales, is triable either way and carries a 2-year maximum prison penalty and, subject to certain conditions, attracts sexual offender notification requirements.  This offence is reserved.

Section 188 – Sharing or threatening to share intimate photograph or film

75. This section creates three new offences of sharing an intimate photograph or film, and one new offence of threatening to share an intimate photograph or film. These offences are created by means of inserting three new sections (66B, 66C and 66D) into the Sexual Offences Act 2003.

76. The first new offence, set out in subsection (1), is committed if a person (A) intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, without the consent, or a reasonable belief in the consent of that person. There is no requirement to prove the sharing was done for a particular reason.

77. The focus on photographs and films which “shows or appears to show” ensures that the offence covers scenarios where the photograph or film shared is a genuine photograph or film of B, but also, for example, where the photograph or film shows someone who appears to be B but might not be (for example, if the photograph or film depicts  B’s identical twin). It also covers photographs and film that have been altered or manufactured so that it appears to be a genuine photograph or film. This approach is taken in all the offences in this section. It is a defence for the person charged to prove that they had a reasonable excuse for sharing the photograph or film without consent or a reasonable belief in consent. Examples of a reasonable excuse might include where it was necessary for the prevention or detection of a crime to share an intimate photo or film with a police officer.

78. This offence is summary only and the maximum penalty on conviction is imprisonment for a term not exceeding the maximum term for summary offences, which is 6 months if the offence is committed before section 281(5) of the Criminal Justice Act 2003 comes into force, or 51 weeks if committed after that time (subsection 11). An offender may also be given an unlimited fine.

79. The second new offence, set out in subsection (2), creates a new offence which is committed if a person (A) intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, without consent, with the intent to cause alarm, distress or humiliation.

80. The third new offence, set out in subsection (3), criminalises intentionally sharing a photograph or film which shows, or appears to show, another person (B) in an intimate state, without the consent or a reasonable belief in consent of B, for the purpose of obtaining sexual gratification for the person doing the sharing, or another person.

81. The fourth new offence, set out in subsection (4), criminalises threatening to share an intimate photograph or film which shows or appears to show another person  (B), and where the perpetrator intended that B or someone who knows B will fear the threat will be carried out, or was reckless as to that result. The threat offence can be made out even if the photograph or film does not exist, or where the photograph or film does exist, that it is not in fact a photograph or film which shows or appears to show a person in an intimate state.

82. The offences under subsections (2), (3) and (4) are triable either way. If convicted in a magistrates’ court the maximum penalty on conviction is imprisonment for a term not exceeding the general limit in a magistrates’ court. An offender may also be given an unlimited fine. On conviction on indictment the maximum penalty would be imprisonment for a term no more than 2 years.

83. A power is conferred on a magistrates’ court or jury to find a person guilty of the offence in subsection (1) where they have been found not guilty of one of the more serious offences under subsections (2) or (3), for example because it has not been proven that the person shared the photograph or film for the purpose of obtaining sexual gratification. Where this occurs in the Crown Court, the Court would have the same powers and duties that a magistrates’ court would have when convicting a person of a subsection (1) offence. For example, upon conviction, the maximum penalty will align with the maximum term for summary offences or a fine (or both).

84. All of these offences apply to England and Wales only and are reserved.

Section 66C – Sharing or threatening to share intimate photograph or film: exemptions

85. A person does not commit an offence under section 66B(1), (2) or (3) if the photograph or film that was shared has been taken in a place to which the public, or a section of the public, had access. This exemption would only apply where the photograph was taken in public; and B was either voluntarily in the intimate state or the defendant reasonably believed they were; and B did not have a reasonable expectation of privacy against a photograph or film being taken.

86. Whether or not B has a reasonable expectation of privacy from a photograph or film being taken in public is judged by the circumstances that (A) reasonably believes to have existed at the time it was taken. If the court decides that B would have had a reasonable expectation of privacy from a photograph or film being taken in those circumstances, the exemption is not applicable. If the court finds that B would not have had a reasonable expectation of privacy the exemption would apply, and the defendant would not have committed the offence.

87. A person does not commit an offence under section 66B(1), (2) or (3) where a person shares an intimate photograph or film, and that photograph or film had been previously shared in public, or the person reasonably believed that it had been, and that B had consented to the previous sharing, or the person sharing the photograph had a reasonable belief that they had consented.

88. A person does not commit an offence under section 66B(1) where a person shares an intimate photograph or film of a child under 16 who lacks capacity to consent to the sharing (or the person sharing reasonably believes they lack capacity to consent), and it is shared for the purpose of the child’s care or treatment by a healthcare professional.

89. A person who shares a photograph or film which shows, or appears to show, a child in an intimate state does not commit an offence under section 66B(1) if the photograph or film is of a kind ordinarily shared between family and friends.

90. A person does not commit an offence under section 66B(4) unless the act of sharing the photograph or film in the circumstances conveyed by the threat would be an offence under (66)B (1), (2) or (3).

Section 66D – Sharing or threatening to share intimate photograph or film: interpretation

91. This section sets out the relevant interpretations for the purpose of the offences in 66B and the exemptions in 66C.

92. A person would ‘share’ something if they, by any means, give or show it to another person, or make it available to another person. This includes electronic sharing, for example by posting a photograph or film on a website or emailing to someone. It also includes the sharing of a physical document, for example by giving a printed photograph to another person or displaying it in a place where other people would see it.

93. Where an internet service provider is the means by which a photograph or film is shared, they would not be regarded as a person who ‘shares’ it.

94. “Photograph” and “film” have the same meaning as section 66A.   That provision also provides that “photograph” includes the negative as well as the positive version; and “film” means a moving image. Section 66A further provides that “film” and “photograph” would also include images that are made or altered by computer graphics (or in any other way) if they appear to be a photograph or film. It will therefore include genuine photographs or films that have been altered in some way, and those that have been wholly manufactured - so called “deepfake” images. Also included within the definitions of “photograph” and “film” are copies of images which have been made or altered and which appear to be a photograph or film, and data that can be converted into such an image – for instance data stored on a hard drive or disc.

95. A photograph or film shows or appears to show a person in an “intimate state” if it shows or appears to show them (a) participating or engaging in an act which a reasonable person would consider to be a sexual (for example, engaging in sexual intercourse); (b) doing a thing which a reasonable person would consider to be sexual (for example, posing in a sexually explicit way);  (c) all or part of their exposed genitals, buttocks or breasts; (d) in an act of urination or defection, or (3) carrying out an act of personal care associated with their urination, defection or genital or anal discharge.   Photographs and film that show, or appear to show, anything that would otherwise meet this definition but that would be ordinarily seen in public are specifically excluded (with the exception of breastfeeding).

96. A person’s genitals, buttocks or breasts are still considered to be “exposed”, if, although covered by clothing, their genitals, buttocks or breasts are visible through wet or otherwise transparent clothing. “Exposed” also captures a case where a person’s genitals, buttocks or breasts are covered only by underwear. It would also capture instances where those parts of the anatomy would be exposed but for the fact that they are obscured by something (other than clothing that the person is wearing) which provides a similar or smaller degree of coverage than underwear.  The relevant part of anatomy can be ”obscured” by any means (other than clothing that the person is wearing) including by part of their body, or by digital alteration (for example, if the photograph included an ‘emoji’ on the person’s breasts).

97. As set out in Section 190, when the offences of under Section 188 come into force, section 33 and 35 of the Criminal Justice and Courts Act 2015 are repealed.

Schedule 14 – Amendments consequential on offences in Part 10

98. This section sets out the consequential amendments to existing legislation, related to the  offences in   Part 10 of the Act.

1. For example, s.16 of the Offences Against the Person Act 1861, s4 and 4A of the Protection from Harassment Act 1997 and s.6 of the Criminal Law Act 1977. ↩

2. Encouraging or assisting suicide is already an offence under section 2 of the Suicide Act 1961 ↩