Part IV

Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

Possession of indecent photographs of children.
52A
1
It is an offence for a person to have any indecent photograph
or pseudo-photograph of a child
in his possession.
2
Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
a
that he had a legitimate reason for having the photograph
or pseudo-photograph
in his possession; or
b
that he had not himself seen the photograph
or pseudo-photograph
and did not know, nor had any cause to suspect, it to be indecent; or
c
that the photograph
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.
3
A person shall be liable
a
on summary conviction of an offence under this section to
imprisonment for a period not exceeding 6 months or to
a fine not exceeding level 5 on the standard scale
“or to both.”
.
b
on conviction on indictment of such an offence to imprisonment for a period not exceeding 5 years or to a fine or to both.
4
Subsections (2)
to (2C)
and (8) to (10)
of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.
S. 52A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1, 2) s. 161(1)(2)
Words in s. 52A(1) substituted (3.2.1995) by 1994 c. 33, s. 84(7); S.I. 1995/127, art. 2(1), Sch. 1
words in s. 52A(2)(a)-(c) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(b); S.I. 1995/127, art. 2(1), Sch. 1
Words in s. 52A(3) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(c)(i); S.I. 1995/127, art. 2(1), Sch. 1
Words in s. 52A(3) added (3.2.1995) by 1994 c. 33, s. 84(7)(c)(ii); S.I. 1995/127, art. 2(1), Sch. 1
Words in s. 52A(4) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(d); S.I. 1995/127, art. 2(1), Sch. 1
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
Words in s. 52A(3) renumbered as s. 52A(3)(a) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(b), 89(2); S.S.I. 2003/288, art. 2, sch.
S. 52A(3)(b) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(b), 89(2); S.S.I. 2003/288, art. 2, sch.
Words in s. 52A(4) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 41(1)(b), 206(1); S.S.I. 2010/413, art. 2, sch.