PART IVMISCELLANEOUS AND SUPPLEMENTARY
Corruption14
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2Possession of indecent photograph of child15
1
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 photographF5 or pseudo‐photograph in his possession; or
b
that he had not himself seen the photographF5 or pseudo‐photograph and did not know, nor had any cause to suspect, it to be indecent; or
c
that the photographF5 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.
F62A
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
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
6
Possession before this Article comes into operation is not an offence.
F11Marriage and other relationships15A
1
This Article applies where, in proceedings for an offence under Article 15(1) relating to an indecent photograph F10or pseudo-photograph of a child, the defendant proves that the photograph F10or pseudo-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 F10or pseudo-photograph of a child, the defendant proves that the photograph F10or pseudo-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 F10or pseudo-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 F10or pseudo-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.
Article 16—Amendments and repeals