Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 67 is up to date with all changes known to be in force on or before 30 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 67:
- 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.
67Penalties etc. for possession of extreme pornographic images
(1)
This section has effect where a person is guilty of an offence under section 63.
(2)
F1If the offence relates to an image that portrays any relevant act (with or without other acts) , the offender is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.
(3)
If the offence relates to an image that does not portray any F2relevant act, the offender is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
(4)
In subsection (2)(a) or (3)(a) “the relevant period” means—
(a)
in relation to England and Wales, F3the general limit in a magistrates’ court;
(b)
in relation to Northern Ireland, 6 months.
F4(5)
In this section “relevant act” means—
(a)
in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);
(b)
in relation to Northern Ireland, an act within section 63(7)(a) or (b) F5or (7A)(a) or (b).