Section 67 Penalties etc. for possession of extreme pornographic imagesI1
England, Wales and Northern Ireland
This section has effect where a person is guilty of an offence under section 63.
F1If the offence relates to an image that portrays any relevant act (with or without other acts) , the offender is liable—
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.
If the offence relates to an image that does not portray any F2relevant act, the offender is liable—
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
In subsection (2)(a) or (3)(a) “the relevant period” means—
in relation to England and Wales, F3the general limit in a magistrates’ court;
in relation to Northern Ireland, 6 months.
Annotations
Textual amendments
- F1
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)
- F2
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)
- F3
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
- F4
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)
- F5
Words in s. 67(5)(b) added (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(4), 61(1)
Commencement
- I1
S. 67 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(e)