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Boy wins first stage in fight to have details of sexting incident erased | Boy wins first stage in fight to have details of sexting incident erased |
(2 months later) | |
Boy, now 16, granted judicial review, which will decide if police must delete record about photo he sent on Snapchat in 2015 | |
Nadia Khomami and agency | |
Fri 10 Nov 2017 18.03 GMT | |
Last modified on Mon 27 Nov 2017 13.57 GMT | |
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A teenage boy has won the right to try to force the police to delete details about him sexting a schoolgirl via social media. | A teenage boy has won the right to try to force the police to delete details about him sexting a schoolgirl via social media. |
The boy was 14 when he used Snapchat to send a photograph of his penis to the girl, who shared it with others before the incident eventually came to the police’s attention. | The boy was 14 when he used Snapchat to send a photograph of his penis to the girl, who shared it with others before the incident eventually came to the police’s attention. |
The boy, now 16, was spoken to by a local police officer and a headteacher, who told his mother and warned him it was a criminal offence to distribute an indecent image of a child, even if the sender was the child in question. | The boy, now 16, was spoken to by a local police officer and a headteacher, who told his mother and warned him it was a criminal offence to distribute an indecent image of a child, even if the sender was the child in question. |
Although the boy was not arrested or prosecuted, Greater Manchester police have kept a record of the incident, which took place in 2015. | Although the boy was not arrested or prosecuted, Greater Manchester police have kept a record of the incident, which took place in 2015. |
The boy’s mother has argued that his human rights could be breached and wants the police to delete the information on him having sent an indecent image. She is concerned it may affect his future education and employment prospects if he has to disclose any police record or involvement with the authorities. | The boy’s mother has argued that his human rights could be breached and wants the police to delete the information on him having sent an indecent image. She is concerned it may affect his future education and employment prospects if he has to disclose any police record or involvement with the authorities. |
She told the BBC: “It’s going to be held there infinitum, so for all his adult life it hangs over him. I’m his parent and it’s my job to know when something needs to be dealt with and that’s why I’m still pursuing proceedings to ultimately get his name removed. | She told the BBC: “It’s going to be held there infinitum, so for all his adult life it hangs over him. I’m his parent and it’s my job to know when something needs to be dealt with and that’s why I’m still pursuing proceedings to ultimately get his name removed. |
“We are criminalising our children for something that if they did it at the age of 18 is not a crime.” | “We are criminalising our children for something that if they did it at the age of 18 is not a crime.” |
At a hearing at the high court in Manchester on Friday, Amanda Weston, acting for the boy, identified only as “Cl”, and his family, told the court that the police recording the information and refusing to delete it breached his right to a private life under the Human Rights Act. | At a hearing at the high court in Manchester on Friday, Amanda Weston, acting for the boy, identified only as “Cl”, and his family, told the court that the police recording the information and refusing to delete it breached his right to a private life under the Human Rights Act. |
“The potential impact on Cl is immense and likely to have a number of consequences for him,” she said. | “The potential impact on Cl is immense and likely to have a number of consequences for him,” she said. |
Charlotte Bentham, acting for the chief constable of Greater Manchester police, said the full retention of records was lawful and for a legitimate policing purpose. | Charlotte Bentham, acting for the chief constable of Greater Manchester police, said the full retention of records was lawful and for a legitimate policing purpose. |
But Mr Justice Kerr said the boy’s case was “arguable” and granted him and his family permission for a judicial review. | But Mr Justice Kerr said the boy’s case was “arguable” and granted him and his family permission for a judicial review. |
He said the full hearing, at a date yet to be fixed, will hear all the arguments before a judge will decide whether the police must delete the record they are keeping of the incident. | He said the full hearing, at a date yet to be fixed, will hear all the arguments before a judge will decide whether the police must delete the record they are keeping of the incident. |
The decision came days after police figures suggested the number of sexting cases involving children has more than doubled in two years, leading a senior officer to warn about deficiencies in proper sex education. | The decision came days after police figures suggested the number of sexting cases involving children has more than doubled in two years, leading a senior officer to warn about deficiencies in proper sex education. |
Simon Bailey, the National Police Chiefs Council’s lead officer on child protection, also raised concerns about extreme pornography being shared among young people, and social media sites acting quickly to take down such material. | Simon Bailey, the National Police Chiefs Council’s lead officer on child protection, also raised concerns about extreme pornography being shared among young people, and social media sites acting quickly to take down such material. |
Police forces in England and Wales released data on Monday showing they registered 6,238 sexting offences in 2016-17– a rate of 17 every day. That represented an increase of a third on the tally of 4,681 in the previous year and of 131% on 2014-15, when 2,700 cases were logged. | Police forces in England and Wales released data on Monday showing they registered 6,238 sexting offences in 2016-17– a rate of 17 every day. That represented an increase of a third on the tally of 4,681 in the previous year and of 131% on 2014-15, when 2,700 cases were logged. |
Police said reports come from children as young as 10, with cases peaking around the age of 14. | Police said reports come from children as young as 10, with cases peaking around the age of 14. |
UK news | |
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