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90 | SFO’s pre-investigation powers in relation to bribery and corruption: foreign |
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(1) | The Criminal Justice Act 1987 (c. 38) is amended as follows. |
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(2) | After section 2 insert— |
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“2A | Director’s pre-investigation powers in relation to bribery and |
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corruption: foreign officers etc |
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(1) | The powers of the Director under section 2 are also exercisable for the |
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purpose of enabling him to determine whether to start an investigation |
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under section 1 in a case where it appears to him that conduct to which |
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this section applies may have taken place. |
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(a) | the power under subsection (2) of section 2 is so exercisable only |
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if it appears to the Director that for the purpose of enabling him |
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to make that determination it is expedient to require any person |
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appearing to him to have relevant information to do as |
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mentioned in that subsection, and |
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(b) | the power under subsection (3) of that section is so exercisable |
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only if it appears to the Director that for that purpose it is |
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expedient to require any person to do as mentioned in that |
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(3) | Accordingly, where the powers of the Director under section 2 are |
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exercisable in accordance with subsections (1) and (2) above— |
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(a) | the reference in subsection (2) of that section to the person |
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under investigation or any other person whom the Director has |
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reason to believe has relevant information is to be read as a |
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reference to any such person as is mentioned in subsection (2)(a) |
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(b) | the reference in subsection (3) of that section to the person |
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under investigation or any other person is to be read as a |
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reference to any such person as is mentioned in subsection |
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(c) | any reference in subsection (2), (3) or (4) of that section to the |
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investigation is to be read as a reference to the making of any |
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such determination as is mentioned in subsection (1) above. |
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(4) | Any reference in section 2(16) to the carrying out of an investigation by |
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the Serious Fraud Office into serious or complex fraud includes a |
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reference to the making of any such determination as is mentioned in |
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(5) | This section applies to any conduct which, as a result of section 108 of |
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the Anti-terrorism, Crime and Security Act 2001 (bribery and |
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corruption: foreign officers etc), constitutes a corruption offence |
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(6) | The following are corruption offences for the purposes of this section— |
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(a) | any common law offence of bribery; |
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(b) | the offences under section 1 of the Public Bodies Corrupt |
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Practices Act 1889 (corruption in office); and |
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(c) | the offences under section 1 of the Prevention of Corruption Act |
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1906 (corrupt transactions with agents).” |
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(3) | In section 17(3) (provisions of Act extending to Northern Ireland) after |
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“sections 2” insert “, 2A”. |
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(4) | This section extends to England and Wales and Northern Ireland only. |
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91 | Contents of an accused’s defence statement |
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In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) |
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(contents of defence statement), after “prosecution,” in paragraph (c) insert— |
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“(ca) | setting out particulars of the matters of fact on which he intends |
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to rely for the purposes of his defence,”. |
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92 | Compensation for miscarriages of justice |
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(1) | The Criminal Justice Act 1988 (c. 33) has effect subject to the following |
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(2) | Section 133 (compensation for miscarriages of justice) is amended as follows. |
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(3) | At the end of subsection (2) (compensation only payable if application for |
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compensation is made) insert “before the end of the period of 2 years beginning |
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with the date on which the conviction of the person concerned is reversed or |
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(2A) | But the Secretary of State may direct that an application for |
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compensation made after the end of that period is to be treated as if it |
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had been made within that period if the Secretary of State considers |
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that there are exceptional circumstances which justify doing so.” |
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(4) | For subsection (4A) substitute— |
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“(4A) | Section 133A applies in relation to the assessment of the amount of the |
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(5) | After subsection (5) (meaning of “reversed” in relation to a conviction) insert— |
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“(5A) | But in a case where— |
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(a) | a person’s conviction for an offence is quashed on an appeal out |
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(b) | the person is to be subject to a retrial, |
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| the conviction is not to be treated for the purposes of this section as |
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“reversed” unless and until the person is acquitted of all offences at the |
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retrial or the prosecution indicates that it has decided not to proceed |
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(5B) | In subsection (5A) above any reference to a retrial includes a reference |
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to proceedings held following the remission of a matter to a |
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magistrates’ court by the Crown Court under section 48(2)(b) of the |
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(6) | In subsection (6) (meaning of suffering punishment as a result of conviction) |
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after “this section” insert “and section 133A”. |
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(7) | After section 133 insert— |
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“133A | Miscarriages of justice: amount of compensation |
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(1) | This section applies where an assessor is required to assess the amount |
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of compensation payable to or in respect of a person under section 133 |
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for a miscarriage of justice. |
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(2) | In assessing so much of any compensation payable under section 133 as |
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is attributable to suffering, harm to reputation or similar damage, the |
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assessor must have regard in particular to— |
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(a) | the seriousness of the offence of which the person was |
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convicted and the severity of the punishment suffered as a |
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result of the conviction, and |
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(b) | the conduct of the investigation and prosecution of the offence. |
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(3) | The assessor may make from the total amount of compensation that the |
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assessor would otherwise have assessed as payable under section 133 |
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any deduction or deductions that the assessor considers appropriate by |
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reason of either or both of the following— |
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(a) | any conduct of the person appearing to the assessor to have |
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directly or indirectly caused, or contributed to, the conviction |
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(b) | any other convictions of the person and any punishment |
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suffered as a result of them. |
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(4) | If, having had regard to any matters falling within subsection (3)(a) or |
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(b), the assessor considers that there are exceptional circumstances |
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which justify doing so, the assessor may determine that the amount of |
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compensation payable under section 133 is to be a nominal amount |
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(5) | The total amount of compensation payable to or in respect of a person |
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under section 133 for a particular miscarriage of justice must not exceed |
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the overall compensation limit. |
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(6) | The total amount of compensation payable under section 133 for a |
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person’s loss of earnings or earnings capacity in respect of any one year |
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must not exceed the earnings compensation limit. |
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| That limit is an amount equal to 1.5 times the median annual gross |
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earnings according to the latest figures published by the Office of |
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National Statistics at the time of the assessment. |
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(7) | The Secretary of State may by order made by statutory instrument |
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amend subsection (5) or (6) so as to alter the amount for the time being |
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specified as the overall compensation limit or the earnings |
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(8) | No order may be made under subsection (7) unless a draft of the order |
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has been laid before and approved by a resolution of each House of |
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(8) | In section 172 (extent) in subsection (3) (provisions extending to Northern |
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Ireland as well as England and Wales) after “section 133;” insert— |
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(9) | This section extends to England and Wales and Northern Ireland. |
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93 | Annual report on the Criminal Justice (Terrorism and Conspiracy) Act 1998 |
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(1) | Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) |
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(requirement for annual report on working of the Act) ceases to have effect. |
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(2) | The following provisions, namely— |
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(b) | the repeal of section 8 of that Act in Part 4 of Schedule 34, |
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| extend to England and Wales and Northern Ireland. |
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94 | Possession of extreme pornographic images |
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(1) | It is an offence for a person to be in possession of an extreme pornographic |
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(2) | An “extreme pornographic image” is an image which is both— |
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(3) | An image is “pornographic” if it appears to have been produced solely or |
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principally for the purpose of sexual arousal. |
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(4) | Where an image forms part of a series of images, the question whether the |
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image appears to have been so produced is to be determined by reference to— |
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(a) | the image itself, and |
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(b) | (if the series of images is such as to be capable of providing a context for |
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the image) the context in which it occurs in the series of images. |
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(5) | So, for example, where— |
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(a) | an image forms an integral part of a narrative constituted by a series of |
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(b) | it appears that the series of images as a whole was not produced solely |
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or principally for the purpose of sexual arousal, |
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| the image may, by virtue of being part of that narrative, be found not to be |
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pornographic, even though it might have been found to be pornographic if |
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(6) | An “extreme image” is an image of any of the following— |
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(a) | an act which threatens or appears to threaten a person’s life, |
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(b) | an act which results in or appears to result (or be likely to result) in |
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serious injury to a person’s anus, breasts or genitals, |
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(c) | an act which involves or appears to involve sexual interference with a |
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(d) | a person performing or appearing to perform an act of intercourse or |
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where (in each case) any such act, person or animal depicted in the image is or |
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(7) | In this section “image” means— |
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(a) | a moving or still image (produced by any means); or |
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(b) | data (stored by any means) which is capable of conversion into an |
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image within paragraph (a). |
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(8) | In this section references to a part of the body include references to a part |
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surgically constructed (in particular through gender reassignment surgery). |
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(9) | Proceedings for an offence under this section may not be instituted— |
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(a) | in England and Wales, except by or with the consent of the Director of |
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(b) | in Northern Ireland, except by or with the consent of the Director of |
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Public Prosecutions for Northern Ireland. |
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95 | Exclusion of classified films etc. |
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(1) | Section 94 does not apply to excluded images. |
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(2) | An “excluded image” is an image which forms part of a series of images |
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contained in a recording of the whole or part of a classified work. |
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(3) | But such an image is not an “excluded image” if— |
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(a) | it is contained in a recording of an extract from a classified work, and |
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(b) | it appears that the image was extracted (whether with or without other |
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images) solely or principally for the purpose of sexual arousal. |
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(4) | Where an extracted image is one of a series of images contained in the |
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recording, the question whether the image appears to have been extracted as |
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mentioned in subsection (3)(b) is to be determined by reference to— |
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(a) | the image itself, and |
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(b) | (if the series of images is such as to be capable of providing a context for |
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the image) the context in which it occurs in the series of images; |
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| and section 94(5) applies in connection with determining that question as it |
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applies in connection with determining whether an image is pornographic. |
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(5) | In determining for the purposes of this section whether a recording is a |
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recording of the whole or part of a classified work, any alteration attributable |
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(a) | a defect caused for technical reasons or by inadvertence on the part of |
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(b) | the inclusion in the recording of any extraneous material (such as |
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(6) | Nothing in this section is to be taken as affecting any duty of a designated |
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authority to have regard to section 94 (along with other enactments creating |
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criminal offences) in determining whether a video work is suitable for a |
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classification certificate to be issued in respect of it. |
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“classified work” means (subject to subsection (8)) a video work in respect |
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of which a classification certificate has been issued by a designated |
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authority (whether before or after the commencement of this section); |
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“classification certificate” and “video work” have the same meanings as in |
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the Video Recordings Act 1984 (c. 39); |
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“designated authority” means an authority which has been designated by |
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the Secretary of State under section 4 of that Act; |
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“extract” includes an extract consisting of a single image; |
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“image” and “pornographic” have the same meanings as in section 94; |
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“recording” means any disc, tape or other device capable of storing data |
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electronically and from which images may be produced (by any |
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(8) | Section 22(3) of the Video Recordings Act 1984 (c. 39) (effect of alterations) |
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applies for the purposes of this section as it applies for the purposes of that Act. |
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(1) | Where a person is charged with an offence under section 94, it is a defence for |
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the person to prove any of the matters mentioned in subsection (2). |
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(a) | that the person had a legitimate reason for being in possession of the |
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(b) | that the person had not seen the image concerned and did not know, |
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nor had any cause to suspect, it to be an extreme pornographic image; |
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(i) | was sent the image concerned without any prior request having |
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been made by or on behalf of the person, and |
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(ii) | did not keep it for an unreasonable time. |
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(3) | In this section “extreme pornographic image” and “image” have the same |
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meanings as in section 94. |
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97 | Penalties etc. for possession of extreme pornographic images |
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(1) | This section has effect where a person is guilty of an offence under section 94. |
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(2) | Except where subsection (3) applies to the offence, the offender is liable— |
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(a) | on summary conviction, to imprisonment for a term not exceeding the |
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relevant period or a fine not exceeding the statutory maximum or both; |
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(b) | on conviction on indictment, to imprisonment for a term not exceeding |
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3 years or a fine or both. |
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(3) | If the offence relates to an image that does not depict any act within section |
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94(6)(a) or (b), the offender is liable— |
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(a) | on summary conviction, to imprisonment for a term not exceeding the |
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relevant period or a fine not exceeding the statutory maximum or both; |
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(b) | on conviction on indictment, to imprisonment for a term not exceeding |
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2 years or a fine or both. |
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(4) | In subsection (2)(a) or (3)(a) “the relevant period” means— |
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(a) | in relation to England and Wales, 12 months; |
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(b) | in relation to Northern Ireland, 6 months. |
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