Part 5Criminal law

Pornography etc.

I167Penalties etc. for possession of extreme pornographic images

1

This section has effect where a person is guilty of an offence under section 63.

2

Except where subsection (3) applies to the offence, the offender is liable—

a

on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.

3

If the offence relates to an image that does not portray any act within section 63(7)(a) or (b), the offender is liable—

a

on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

4

In subsection (2)(a) or (3)(a) “the relevant period” means—

a

in relation to England and Wales, 12 months;

b

in relation to Northern Ireland, 6 months.