The Act – Commentary on Sections Section 12 – Arranging or facilitating provision by child of sexual services or child pornography
37.Section 12 makes it an offence for a person (A) intentionally to arrange or facilitate the provision of sexual services or involvement in pornography, of a person under 18 (B), in any part of the world. This offence is intended to cover situations where A is, for example, arranging clients for B or providing premises for the provision of sexual services or pornography to take place. The expressions “pornography” and “provider of sexual services” are defined in section 13.
38.In cases where B is 13 or over, the Crown must prove that A did not reasonably believe that B was 18 or over. Where B is under 13, the offence is committed regardless of A’s belief as to B’s age. Subsection (2) provides maximum penalties of 6 months imprisonment on summary conviction and 14 years imprisonment on indictment.