2 Penalty for printing, publishing, selling, &c., works to which this Act applies.E+W+S
(1)A person who prints, publishes, sells or lets on hire a work to which this Act applies, or has any such work in his possession for the purpose of selling it or letting it on hire, shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding four months or to a fine not exceeding [F1level 3 on the standard scale]or to both:
Provided that, in any proceedings taken under this subsection against a person in respect of selling or letting on hire a work or of having it in his possession for the purpose of selling it or letting it on hire, it shall be a defence for him to prove that he had not examined the contents of the work and had no reasonable cause to suspect that it was one to which this Act applies.
(2)A prosecution for an offence under this section shall not, in England or Wales, be instituted except by, or with the consent of, the Attorney General.
Textual Amendments
F1Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Modifications etc. (not altering text)
C1S. 2(2) amended by Criminal Jurisdiction Act 1975 (c. 59), s. 12