- Latest available (Revised)
- Original (As enacted)
Criminal Justice and Immigration Act 2008, Section 63 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)It is an offence for a person to be in possession of an extreme pornographic image.
(2)An “extreme pornographic image” is an image which is both—
(a)pornographic, and
(b)an extreme image.
(3)An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
(4)Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—
(a)the image itself, and
(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.
(5)So, for example, where—
(a)an image forms an integral part of a narrative constituted by a series of images, and
(b)having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,
the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.
[F1(5A)In relation to possession of an image in England and Wales, an “extreme image” is an image which—
(a)falls within subsection (7) or (7A), and
(b)is grossly offensive, disgusting or otherwise of an obscene character.]
(6)[F2In relation to possession of an image in Northern Ireland, an] “extreme image” is an image which—
(a)falls within subsection (7) [F3or (7A)] , and
(b)is grossly offensive, disgusting or otherwise of an obscene character.
(7)An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—
(a)an act which threatens a person's life,
(b)an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals,
(c)an act which involves sexual interference with a human corpse, or
(d)a person performing an act of intercourse or oral sex with an animal (whether dead or alive),
and a reasonable person looking at the image would think that any such person or animal was real.
[F4(7A)An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—
(a)an act which involves the non-consensual penetration of a person's vagina, anus or mouth by another with the other person's penis, or
(b)an act which involves the non-consensual sexual penetration of a person's vagina or anus by another with a part of the other person's body or anything else,
and a reasonable person looking at the image would think that the persons were real.
(7B)For the purposes of subsection (7A)—
(a)penetration is a continuing act from entry to withdrawal;
(b)“vagina” includes vulva.]
(8)In this section “image” means—
(a)a moving or still image (produced by any means); or
(b)data (stored by any means) which is capable of conversion into an image within paragraph (a).
(9)In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).
(10)Proceedings for an offence under this section may not be instituted—
(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Textual Amendments
F1S. 63(5A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(2)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
F2Words in s. 63(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(2)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
F3Words in s. 63(6) inserted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(2), 61(1)
F4S. 63(7A)(7B) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(2)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
Commencement Information
I1S. 63 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: