Part IV

Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

Extreme pornography: excluded images
51B
1
An offence is not committed under section 51A if the image is an excluded image.
2
An “excluded image” is an image which is all or part of a classified work.
3
An image is not an excluded image where—
a
it has been extracted from a classified work, and
b
it must be reasonably be assumed to have been extracted (whether with or without other images) from the work solely or principally for the purpose of sexual arousal.
4
In determining whether (as found in the person's possession) the image was extracted from the work for the purpose mentioned in subsection (3)(b), reference may be had to—
a
how the image was stored,
b
how the image is or was described (whether the description is part of the image itself or otherwise),
c
any sounds accompanying the image,
d
where the image forms an integral part of a narrative constituted by a series of images—
i
any sounds accompanying the series of images,
ii
the context provided by that narrative.
5
In this section—
- “
classified work
” means a video work in respect of which a classification certificate has been issued by a designated authority,
- “
classification certificate
” and “
video work
” have the same meanings as in the Video Recordings Act 1984 (c.39),
- “
designated authority
” means an authority which has been designated by the Secretary of State under section 4 of that Act,
- “
extract
” includes an extract of a single image,
- “
image
” is to be construed in accordance with section 51A.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Ss. 51A-51C inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 42(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)