Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988

[F1Possession of indecent photograph of child]N.I.

15.—(1) [F2Subject to Article 15A] it is an offence for a person to have any indecent photograph[F3 or pseudo‐photograph] of a childF3. . . in his possession.

(2) Where a person is charged with an offence under paragraph (1), it shall be a defence for him to prove—

(a)that he had a legitimate reason for having the photograph[F4 or pseudo‐photograph] in his possession; or

(b)that he had not himself seen the photograph[F4 or pseudo‐photograph] and did not know, nor had any cause to suspect, it to be indecent; or

(c)that the photograph[F4 or pseudo‐photograph] was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.

[F5(2A) A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.]

(3) A person shall be liable on summary conviction of an offence under paragraph (1) to[F6 imprisonment for a term not exceeding 6 months or] a fine not exceeding level 5 on the standard scale[F6, or both].

(4) Proceedings for an offence under paragraph (1) shall not be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5) Articles 2(2) [F7, (2A)] and (3), 7(1) and 8 of the Protection of Children (Northern Ireland) Order 1978F8 shall have effect as if any reference in them to that Order included a reference to this Article.

(6) Possession before this Article comes into operation is not an offence.