Offences and penalties

Supplying video recording of unclassified work.
9
1
A person who supplies or offers to supply a video recording containing a video work in respect of which no classification certificate has been issued is guilty of an offence unless—
a
the supply is, or would if it took place 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 that the accused believed on reasonable grounds—
a
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, or
b
that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act.
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. 9(3) inserted (3.2.1995) by 1994 c. 33, s. 88(2)(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Ss. 1-17 repealed and revived (21.1.2010) by Video Recordings Act 2010 (c. 1), ss. 1(1), 2(2) (with Sch.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. 9(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(2) (with reg. 5(1))