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

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PART IVN.I.MISCELLANEOUS AND SUPPLEMENTARY

CorruptionN.I.

14.  F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F2Possession of indecent photograph of child]N.I.

15.—(1) [F3Subject to Article 15A] it is an offence for a person to have any indecent photograph[F4 or pseudo‐photograph] of a childF4. . . 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[F5 or pseudo‐photograph] in his possession; or

(b)that he had not himself seen the photograph[F5 or pseudo‐photograph] and did not know, nor had any cause to suspect, it to be indecent; or

(c)that the photograph[F5 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.

[F6(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[F7 imprisonment for a term not exceeding 6 months or] a fine not exceeding level 5 on the standard scale[F7, 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) [F8, (2A)] and (3), 7(1) and 8 of the Protection of Children (Northern Ireland) Order 1978F9 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

[F10Marriage and other relationshipsN.I.

15A.(1) This Article applies where, in proceedings for an offence under Article 15(1) relating to an indecent photograph [F11or pseudo-photograph] of a child, the defendant proves that the photograph [F11or pseudo-photograph] was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(a)were married or civil partners of each other, or

(b)lived together as partners in an enduring family relationship.

(2) This Article also applies where, in proceedings for an offence under Article 15(1) relating to an indecent photograph [F11or pseudo-photograph] of a child, the defendant proves that the photograph [F11or pseudo-photograph] was of the child aged 16 or over, and that at the time when he obtained it the child and he—

(a)were married or civil partners of each other, or

(b)lived together as partners in an enduring family relationship.

(3) This Article applies whether the photograph [F11or pseudo-photograph] showed the child alone or with the defendant, but not if it showed any other person.

(4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph [F11or pseudo-photograph] being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Article 16—Amendments and repeals

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