New amendments proposed for the possession of extreme pornographic images

Amendments to the Criminal Justice and Immigration Bill have been tabled for the 3rd Reading that will take place on 30.04.2008

Clause 62

BARONESS MILLER OF CHILTHORNE DOMER
LORD WALLACE OF TANKERNESS

Page 49, line 31, leave out paragraph (b) and insert—
“(b) is obscene as defined by section 1 of the Obscene Publications Act 1959 (c. 66) (test of obscenity).”

After Clause 64

THE LORD HUNT OF KINGS HEATH

Insert the following new Clause—
“Defence: participation in consensual acts
(1) This section applies where—
(a) a person (“D”) is charged with an offence under section 62, and
(b) the offence relates to an image that portrays an act or acts within paragraphs (a) to (c) (but none within paragraph (d)) of subsection (7) of that section.
(2) It is a defence for D to prove—
(a) that D directly participated in the act or any of the acts portrayed, and
(b) that the act or acts did not involve the infliction of any non-consensual harm on any person, and
(c) if the image portrays an act within section 62(7)(c), that what is portrayed as a human corpse was not in fact a corpse.
(3) For the purposes of this section harm inflicted on a person is “non-consensual” harm if—
(a) the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or
(b) where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.”

Clause 65

BARONESS MILLER OF CHILTHORNE DOMER
LORD WALLACE OF TANKERNESS

Page 52, line 3, leave out subsections (2) to (4) and insert—
“(2) A person guilty of an offence under section 62 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.”

LORD HUNT OF KINGS HEATH

Page 52, line 8, leave out “depict” and insert “portray”

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