In other words..... It's ALWAYS an offence (even if not defined as such yet). Section 67 Sexual Offences Act 2003 is the obvious one, although Outraging Public Decency is mentioned as an option, although difficult to see how that fits. The ironic thing is that this has been a prevalent form of offending for a couple of decades at least. Takes a while for the legislators to catch up......
The famous Marilyn Monroe pic is an example of where it wouldn't be. And taking pics of women who voluntarily take part in wet T-shirt contests and the like wouldn't be an offence. But it's hard to imagine a scenario where photographing an underage girl up her skirt wouldn't amount to an indecent image - which is the issue here.
Sorry I wasn't clear... I was assuming we were talking about instances where the 'victim' was unaware....
The judge's [totally misguided] point was that the image had to be indecent per se, aside from the purpose for which it was taken, the age of the subject and the clandestine methods used to obtain it. The judge said that a photograph of a child in a bathing suit would be the same image as the ones that brought about the charges.. Today, there's a different view of many images and what makes one indecent will be invasion of privacy, which he refused to take into account. Mrs B doesn't know the victim whose experience brought about the private members bill [she only deals with abused children], so it's far from a one off decision. Unfortunately.
Spurious point as a photo of a child in a bathing suit is entirely different in character from a picture taken showing what's up her skirt. The former will, in most circumstances, be decent. The latter never conceivably can be.
Any right thinking person would agree...and then there are judges... http://www.dailymail.co.uk/news/art...t-teacher-filmed-girls-skirts-walks-free.html
Saw some brilliant stuff on an episode of '8 Out of 10 Cats' about who first decided that boiling up horses would make something sticky... "Cows....let's eat them. They look delicious....Horses?.......Not for eating......Glue....they just look sticky, don't they"
RIP Ernie Hunt, the scorer of 'that goal', all those years ago. Those of a certain vintage won't need to be reminded who Ernie was. For weeks after it was shown on MoTD, kids the length and breadth of the UK spent every spare moment of their day trying to do this... A footballing god....