|
| |
|
(a) | any conduct of the person appearing to the assessor to have |
| |
directly or indirectly caused, or contributed to, the conviction |
| |
| |
(b) | any other convictions of the person and any punishment |
| |
suffered as a result of them. |
| 5 |
(4) | If, having had regard to any matters falling within subsection (3)(a) or |
| |
(b), the assessor considers that there are exceptional circumstances |
| |
which justify doing so, the assessor may determine that the amount of |
| |
compensation payable under section 133 is to be a nominal amount |
| |
| 10 |
(5) | The total amount of compensation payable to or in respect of a person |
| |
under section 133 for a particular miscarriage of justice must not exceed |
| |
the overall compensation limit. |
| |
| |
(6) | The total amount of compensation payable under section 133 for a |
| 15 |
person’s loss of earnings or earnings capacity in respect of any one year |
| |
must not exceed the earnings compensation limit. |
| |
| That limit is an amount equal to 1.5 times the median annual gross |
| |
earnings according to the latest figures published by the Office of |
| |
National Statistics at the time of the assessment. |
| 20 |
(7) | The Secretary of State may by order made by statutory instrument |
| |
amend subsection (5) or (6) so as to alter the amount for the time being |
| |
specified as the overall compensation limit or the earnings |
| |
| |
(8) | No order may be made under subsection (7) unless a draft of the order |
| 25 |
has been laid before and approved by a resolution of each House of |
| |
| |
(8) | In section 172 (extent) in subsection (3) (provisions extending to Northern |
| |
Ireland as well as England and Wales) after “section 133;” insert— |
| |
| 30 |
(9) | This section extends to England and Wales and Northern Ireland. |
| |
62 | Annual report on the Criminal Justice (Terrorism and Conspiracy) Act 1998 |
| |
(1) | Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) |
| |
(requirement for annual report on working of the Act) ceases to have effect. |
| |
(2) | The following provisions, namely— |
| 35 |
| |
(b) | the repeal of section 8 of that Act in Part 4 of Schedule 28, |
| |
| extend to England and Wales and Northern Ireland. |
| |
|
| |
|
| |
|
| |
| |
| |
63 | Possession of extreme pornographic images |
| |
(1) | It is an offence for a person to be in possession of an extreme pornographic |
| 5 |
| |
(2) | An “extreme pornographic image” is an image which is both— |
| |
| |
| |
(3) | An image is “pornographic” if it is of such a nature that it must reasonably be |
| 10 |
assumed to have been produced solely or principally for the purpose of sexual |
| |
| |
(4) | Where (as found in the person’s possession) an image forms part of a series of |
| |
images, the question whether the image is of such a nature as is mentioned in |
| |
subsection (3) is to be determined by reference to— |
| 15 |
(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. |
| |
(5) | So, for example, where— |
| |
(a) | an image forms an integral part of a narrative constituted by a series of |
| 20 |
| |
(b) | having regard to those images as a whole, they are not of such a nature |
| |
that they must reasonably be assumed to have been produced solely or |
| |
principally for the purpose of sexual arousal, |
| |
| the image may, by virtue of being part of that narrative, be found not to be |
| 25 |
pornographic, even though it might have been found to be pornographic if |
| |
| |
(6) | An “extreme image” is an image which— |
| |
(a) | falls within subsection (7), and |
| |
(b) | is grossly offensive, disgusting or otherwise of an obscene character. |
| 30 |
(7) | An image falls within this subsection if it portrays, in an explicit and realistic |
| |
way, any of the following— |
| |
(a) | an act which threatens a person’s life, |
| |
(b) | an act which results, or is likely to result, in serious injury to a person’s |
| |
anus, breast or genitals, |
| 35 |
(c) | an act which involves sexual interference with a human corpse, or |
| |
(d) | a person performing an act of intercourse or oral sex with an animal |
| |
| |
| and a reasonable person looking at the image would think that any such person |
| |
| 40 |
(8) | In this section “image” means— |
| |
(a) | a moving or still image (produced by any means); or |
| |
|
| |
|
| |
|
(b) | data (stored by any means) which is capable of conversion into an |
| |
image within paragraph (a). |
| |
(9) | In this section references to a part of the body include references to a part |
| |
surgically constructed (in particular through gender reassignment surgery). |
| |
(10) | Proceedings for an offence under this section may not be instituted— |
| 5 |
(a) | in England and Wales, except by or with the consent of the Director of |
| |
| |
(b) | in Northern Ireland, except by or with the consent of the Director of |
| |
Public Prosecutions for Northern Ireland. |
| |
64 | Exclusion of classified films etc. |
| 10 |
(1) | Section 63 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 |
| 15 |
(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 |
| 20 |
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 63(5) applies in connection with determining that question as it |
| 25 |
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 |
| |
| |
(a) | a defect caused for technical reasons or by inadvertence on the part of |
| 30 |
| |
(b) | the inclusion in the recording of any extraneous material (such as |
| |
| |
| |
(6) | Nothing in this section is to be taken as affecting any duty of a designated |
| 35 |
authority to have regard to section 63 (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. |
| |
| |
“classified work” means (subject to subsection (8)) a video work in respect |
| 40 |
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 meanings 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; |
| |
“image” and “pornographic” have the same meanings as in section 63; |
| |
“recording” means any disc, tape or other device capable of storing data |
| 5 |
electronically and from which images may be produced (by any |
| |
| |
(8) | Section 22(3) of the Video Recordings Act 1984 (c. 39) (effect of alterations) |
| |
applies for the purposes of this section as it applies for the purposes of that Act. |
| |
| 10 |
(1) | Where a person is charged with an offence under section 63, it is a defence for |
| |
the person to prove any of the matters mentioned in subsection (2). |
| |
| |
(a) | that the person had a legitimate reason for being in possession of the |
| |
| 15 |
(b) | that the person had not seen the image concerned and did not know, |
| |
nor had any cause to suspect, it to be an extreme pornographic image; |
| |
| |
(i) | was sent the image concerned without any prior request having |
| |
been made by or on behalf of the person, and |
| 20 |
(ii) | did not keep it for an unreasonable time. |
| |
(3) | In this section “extreme pornographic image” and “image” have the same |
| |
meanings as in section 63. |
| |
66 | Penalties etc. for possession of extreme pornographic images |
| |
(1) | This section has effect where a person is guilty of an offence under section 63. |
| 25 |
(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. |
| 30 |
(3) | If the offence relates to an image that does not depict any act within section |
| |
63(6)(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 |
| 35 |
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. |
| |
|
| |
|