Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988

PART IV N.I. MISCELLANEOUS AND SUPPLEMENTARY

Corruption N.I.

14.—(1) The following paragraph shall be substituted for paragraph ( a ) of section 2 of the Public Bodies Corrupt Practices Act 1889F1 (penalty for corruption in offce)—

“(a) be liable—

(i) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and

(ii) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both; and” .

(2) In subsection (1) of section 1 of the Prevention of Corruption Act 1906F2 (punishment of corrupt transactions with agents) for the words from “shall be liable” to the end of the subsection there shall be substituted the words “shall be liable—

“shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.” .

(3) Nothing in this Article shall affect the punishment for an offence committed before this Article comes into operation.

F1 1889 c. 69

F2 1906 c. 34

[F3 Possession of indecent photograph of child] N.I.

15.—(1) It is an offence for a person to have any indecent photograph [F4 or pseudo‐photograph] of a childF4 . . . in his possession.

(2) Where a person is charged with an offence under paragraph (1), it shall be a defence for him to prove—

(a) that he had a legitimate reason for having the photograph[F5 or pseudo‐photograph] in his possession; or

(b) that he had not himself seen the photograph[F5 or pseudo‐photograph] and did not know, nor had any cause to suspect, it to be indecent; or

(c) that the photograph[F5 or pseudo‐photograph] was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.

[F6 (2A) A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.]

(3) A person shall be liable on summary conviction of an offence under paragraph (1) to[F7 imprisonment for a term not exceeding 6 months or] a fine not exceeding level 5 on the standard scale[F7 , or both].

(4) Proceedings for an offence under paragraph (1) shall not be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5) Articles 2(2) [F8 , (2A)] and (3), 7(1) and 8 of the Protection of Children (Northern Ireland) Order 1978F9 shall have effect as if any reference in them to that Order included a reference to this Article.

(6) Possession before this Article comes into operation is not an offence.

F3 2000 c.43

F4 1994 c.33

F5 1994 c.33

F6 2000 c.43

F7 1994 c.33

F8 Words in art. 15(5) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(2)(c), Sch. 26 para. 25

F9 1978 NI 17

Valid from 02/02/2009

Marriage and other relationships N.I.

[F10 15A.— (1) This Article applies where, in proceedings for an offence under Article 15(1) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(a) were married or civil partners of each other, or

(b) lived together as partners in an enduring family relationship.

(2) This Article also applies where, in proceedings for an offence under Article 15(1) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—

(a) were married or civil partners of each other, or

(b) lived together as partners in an enduring family relationship.

(3) This Article applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.

(4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.]

F10 Art. 15A inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(8); S.R. 2008/510, art. 2

Article 16—Amendments and repeals