http://www.legislation.gov.uk/id/ukpga/1988/33

http://www.legislation.gov.uk/ukpga/1988/33/section/161/1999-01-04

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

text

text/xml

Statute Law Database

2024-06-25

1999-01-04

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

Part XI Miscellaneous

Possession of indecent photograph of child

161 Possession of indecent photographs of children: Scotland.

1

The following section shall be inserted after section 52 of the M1Civic Government (Scotland) Act 1982—

52A Possession of indecent photographs of children.
1
It is an offence for a person to have any indecent photograph of a child (meaning in this section a person under the age of 16) in his possession.
2
Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
a
that he had a legitimate reason for having the photograph in his possession; or
b
that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or
c
that the 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.
3
A person shall be liable on summary conviction of an offence under this section to a fine not exceeding level 5 on the standard scale.
4
Subsections (2) and (8) of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.

2

Section 52A of that Act shall not have effect in relation to anything done before it comes into force.