Criminal Justice and Immigration Act 2008 (c. 4)

Part 5 E+W+N.I. Criminal law

Pornography etc. E+W+N.I.

67 Penalties etc. for possession of extreme pornographic images E+W+N.I.

(1) This section has effect where a person is guilty of an offence under section 63.

(2) [F1 If the offence relates to an image that portrays any relevant act (with or without other acts)] , the offender is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.

(3) If the offence relates to an image that does not portray any [F2 relevant act], the offender is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(4) In subsection (2)(a) or (3)(a) “the relevant period” means—

(a) in relation to England and Wales, [F3 the general limit in a magistrates’ court];

(b) in relation to Northern Ireland, 6 months.

[F4 (5) In this section “relevant act” means—

(a) in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);

(b) in relation to Northern Ireland, an act within section 63(7)(a) or (b) [F5 or (7A)(a) or (b)].]

Textual Amendments

F1 Words in s. 67(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)

F2 Words in s. 67(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)

F3 Words in s. 67(4)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F4 S. 67(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)

F5 Words in s. 67(5)(b) added (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(4), 61(1)

Commencement Information

I1 S. 67 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(e)