All instances in instances where there clearly was proof that the suspect has posted or distributed extreme pornographic pictures,

All instances in instances where there clearly was proof that the suspect has posted or distributed extreme pornographic pictures,

Prosecutors may charge the suspect by having an offense contrary towards the Obscene Publications Act (see Legal Guidance on Obscene magazines), instead of possession of extreme pornographic pictures. There is absolutely no particular offense of distributing or publishing an extreme image that is pornographic. Further, the offense just isn’t meant to protect extra material beyond what’s illegal to create underneath the Obscene Publications Act 1959, and covers an even more restricted number of product compared to the Obscene Publications Act 1959.

Where in fact the image that is extreme of a young child, prosecutors may charge the suspect with either an offense as opposed to part one of the Protection of kids Act 1978 or making the image or possessing such pictures contrary to area 160 of this Criminal Justice Act 1988. Prosecutors should relate to the Legal Guidance on Indecent and Prohibited Images of kids.

Situation law

In Okoro 2018 EWCA Crim 1929, the Court of Appeal offered assistance with the dilemma of possession.

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