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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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Criminal Justice and Immigration Act 2008. Sections 63-67

Resolved Question:

Criminal Justice and Immigration Act 2008.
Sections 63-67 of this act deal with the offences of committing an act of beastiality, or of the sale, transmission,distribution and possession of images of this material.I would welcome some clarification.
Occasionally I come across zoophilia sites when browsing in the area of pornography, without intentionally searching for them. They tend to spring up! I certainly do not sell, transmit or distribute such material;I do not consider that I possess any,in the accepted meaning of the word.The material is in the public domain,strictly speaking.
In the light of these assertions,would it be illegal for me to "linger"on one of these sites as and when I encountered one?Any material I viewed would not affect anyone else.I live alone, am 64yrs old and am an ex-senior teacher and a very responsible person.Any viewing therefore would be entirely private.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
When you say linger, how long do you mean?
Customer: replied 2 years ago.

Sorry for the delay.

By linger I meant for a short period in order to sample the content of one or two videos.However it would appear that the length of time spent viewing is of significance.Can you elaborate.

Thanks

Roy Mutlow

Expert:  Jo C. replied 2 years ago.
OK.
But how long roughly please?
Customer: replied 2 years ago.

Roughly 30 minutes

Expert:  Jo C. replied 2 years ago.
That would be possession I'm afraid.
Obviously that does depend on the image being unlawful in the first place. If it is not then you are free to possess it. Pornography is not illegal yet.
In terms of possession, you don't have to download it and save it upon your computer to offend. Even viewing images online is sufficient. The law does recognise that some of these images can be found by accident. Therefore there is caselaw that says that if an image is deleted within a reasonable period of time then it will not offend. 30 mins is not a reasonable period of time I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
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