Part 2Criminal offences
Chapter 2Images of children
Prohibited images
I163Exclusion of classified film etc
1
Section 62(1) does not apply to excluded images.
2
An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.
3
But such an image is not an “excluded image” if—
a
it is contained in a recording of an extract from a classified work, and
b
it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.
4
Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—
a
the image itself, and
b
(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;
and section 62(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.
5
In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—
a
a defect caused for technical reasons or by inadvertence on the part of any person, or
b
the inclusion in the recording of any extraneous material (such as advertisements),
is to be disregarded.
6
Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 62 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.
7
In this section—
“classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);
“classification certificate” and “video work” have the same meaning as in the Video Recordings Act 1984 (c. 39);
“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;
“extract” includes an extract consisting of a single image;
“pornographic” has the same meaning as in section 62;
“recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).
8
Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.