Part 2Criminal offences
Chapter 2Images of children
Prohibited images
I164Defences
1
Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—
a
that the person had a legitimate reason for being in possession of the image concerned;
b
that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
c
that the person—
i
was sent the image concerned without any prior request having been made by or on behalf of the person, and
ii
did not keep it for an unreasonable time.
2
In this section “prohibited image” has the same meaning as in section 62.