Extreme Pornography
Date produced: January 2012
Title: Sexual Offences
Offence: Extreme Pornography
Legislation: Criminal Justice and Immigration Act 2008 - s63
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On indictment if the act shown threatens a persons life -3 years; 2 years in other cases.
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
There are no guidelines as yet. Some assistance may be found in the possession of images of children.
Courts should consider making an order for the forfeiture of any possessions (for example, computers or cameras) used in connection with the commission of the offence.
Aggravating & Mitigating Factors
The following factors relating to child pornography may be relevant:
Aggravating
- Images shown or distributed to others, especially children.
- Collection is systematically stored or organised, indicating a sophisticated approach to trading or a high level of personal interest.
- Images stored, made available or distributed in such a way that they can be inadvertently accessed by others.
- Use of drugs, alcohol or other substance to facilitate the offence of making or taking
Mitigating:
- A few images held solely for personal use
- Images viewed but not stored
Ancillary Orders
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
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