Criminal Justice and Immigration Act 2008

67Penalties etc. for possession of extreme pornographic imagesE+W+N.I.

This section has no associated Explanatory Notes

(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.

Commencement Information

I1S. 67 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(e)