Part 5

Criminal law

Pornography etc.

Penalties etc. for possession of extreme pornographic images
67
1
This section has effect where a person is guilty of an offence under section 63.
2
If 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 relevant 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, the general limit in a magistrates’ court;
b
in relation to Northern Ireland, 6 months.
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)
or (7A)(a) or (b)
.
S. 67 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(e)
S. 67(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
Words in s. 67(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
Words in s. 67(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
Words in s. 67(5)(b) added (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(4), 61(1)
Words in s. 67(4)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table