Part 5Criminal law
Pornography etc.
67Penalties etc. for possession of extreme pornographic images
(1)
This section has effect where a person is guilty of an offence under section 63.
(2)
F1If the offence relates to an image that portrays any relevant act (with or without other acts) , 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 F2relevant act, 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, F3the general limit in a magistrates’ court;
(b)
in relation to Northern Ireland, 6 months.
F4(5)
In this section “relevant act” means—
(a)
in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);
(b)
in relation to Northern Ireland, an act within section 63(7)(a) or (b) F5or (7A)(a) or (b).