Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 65 is up to date with all changes known to be in force on or before 28 October 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 65:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 5Criminal law
Pornography etc.
65Defences: general
(1)
Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).
(2)
The matters are—
(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 an extreme pornographic image;
(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.
(3)
In this section “extreme pornographic image” and “image” have the same meanings as in section 63.