Information on the new offence of Possession of Extreme Pornographic Images
This note provides general information for members of the public on the new offence of possession of extreme pornographic images at section 42 of the Criminal Justice and Licensing (Scotland) Act 2010. This section is due to come into force on 28 March 2011 in Scotland.
It should be noted that this legislation applies to only to Scotland. In England, Wales and Northern Ireland, the law on extreme pornography is contained at sections 63-67 of the Criminal Justice and Immigration Act 2008.
This note is intended to answer some of the more frequently asked questions about the offence and should be read in conjunction with the Explanatory Notes on the Act which are available at http://www.legislation.gov.uk/asp/2010/13/notes/division/2/2/14 .
A PDF version is also available.
Introduction
The elements of the offence
Exclusion of classified films
Defences
Penalties
Frequently asked questions