Coroners and Justice Act 2009 (c. 25)

Part 2 E+W+N.I.Criminal offences

(1)Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—

(a)that the person had a legitimate reason for being in possession of the image concerned;

(b)that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;

(c)that the person—

(i)was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii)did not keep it for an unreasonable time.

(2)In this section “prohibited image” has the same meaning as in section 62.

Commencement Information