Part VII Obscenity and Pornography and Videos

Video recordings

88 Video recordings: increase in penalties.

(1)

The following provisions of the M1Video Recordings Act 1984 (which create offences for which section 15(1) and (3) prescribe maximum fines of, in the case of sections 9 and 10, £20,000 and, in the case of other offences, level 5) shall be amended as follows.

(2)

In section 9 (supplying videos of unclassified work), after subsection (2), there shall be inserted the following subsection—

“(3)

A person guilty of an offence under this section shall be liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both,

(b)

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.”.

(3)

In section 10 (possessing videos of unclassified work for supply), after subsection (2), there shall be inserted the following subsection—

“(3)

A person guilty of an offence under this section shall be liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both,

(b)

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.”.

(4)

In section 11 (supplying videos in breach of classification), after subsection (2), there shall be inserted the following subsection—

“(3)

A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.”.

(5)

In section 12 (supplying videos in places other than licensed sex shops), after subsection (4), there shall be inserted the following subsection—

“(4A)

A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.”.

(6)

In section 14 (supplying videos with false indication as to classification), after subsection (4), there shall be inserted the following subsection—

“(5)

A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.”.

(7)

The amendments made by this section shall not apply to offences committed before this section comes into force.