Prosecutors may charge the suspect by having a offense as opposed to the Obscene Publications Act (see Legal Guidance on Obscene magazines), in place of control of extreme pornographic images. There’s no certain offense of distributing or publishing an extreme image that is pornographic. Further, the offense just isn’t meant to cover material that is additional what exactly is unlawful to write beneath the Obscene Publications Act 1959, and covers a far more restricted selection of product compared to the Obscene Publications Act 1959.

Where in fact the extreme image is of a kid, prosecutors may charge the suspect with either an offense contrary to area one of the Protection of Children Act 1978 or making the image or possessing such pictures as opposed to area 160 associated with the Criminal Justice Act 1988. Prosecutors should reference the Legal Guidance on Indecent and Prohibited Images of kids.

Instance law

In Okoro 2018 EWCA Crim 1929, the Court of Appeal offered assistance with the problem of control.

To be able to show this section of the offence, it should be shown that (i) the pictures have been in the suspect’s custody or control such which they had been effective at being accessed and (ii) that the suspect knew they possessed pictures.