Offences and penalties

Possession of video recording of unclassified work for the purposes of supply.
10
1
Where a video recording contains a video work in respect of which no classification certificate has been issued, a person who has the recording in his possession for the purpose of supplying it is guilty of an offence unless—
a
he has it in his possession for the purpose only of a supply which, if it took place, would be an exempted supply, or
b
the video work is an exempted work.
2
It is a defence to a charge of committing an offence under this section to prove—
a
that the accused believed on reasonable grounds that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was either an exempted work or a work in respect of which a classification certificate had been issued,
b
that the accused had the video recording in his possession for the purpose only of a supply which he believed on reasonable grounds would, if it took place, be an exempted supply by virtue of section 3(4) or (5) of this Act, or
c
that the accused did not intend to supply the video recording until a classification certificate had been issued in respect of the video work concerned.
3
A person guilty of an offence under this section shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both,
b
on summary conviction, to imprisonment for a term not exceeding six months or
a fine not exceeding £20,000
a fine
or both.
S. 10(3) inserted (3.2.1995) by 1994 c. 33, s. 88(3)(7); S.I. 1995/127, art. 2, Sch. 1
Ss. 1-17 repealed and revived (21.1.2010) by Video Recordings Act 2010 (c. 1), ss. 1(1), 2(2) (with Sch. paras. 2(2), 6)
Words in s. 10(3)(b) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 14(3) (with reg. 5(1))