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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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I have a question regarding "extreme pornography" (UK LAW).

Resolved Question:

I have a question regarding "extreme pornography" (UK LAW). It's in relation to this on CPS website:
"The offence of possession of extreme pornographic images in Part 5, sections 63 to 67 of the Criminal Justice and Immigration Act 2008 (the Act) came into force on 26 January 2009 and is not retrospective. This guidance should be read in conjunction with the Ministry of Justice circular 2009/01 on the Criminal Justice and Immigration Act: possession of extreme pornographic images.Sections 63 to 67 of the Act make it an offence to possess pornographic images that depict acts which threaten a person's life; acts which result in or are likely to result in serious injury to a person's anus, breasts or genitals; bestiality; or necrophilia. They also provide for the exclusion of classified films etc. and set out defences and the penalties for the offence."If somebody were to secretly video-record a person viewing extreme pornography they had come across on a website and the video recording depicted that person enjoying the material and making comments to that effect - have they committed an offence? The person has no digital records other than 1 or 2 images that were kept on PC because they were worried about what they had come across in the past during a separate time. Could the recording of them (described before) be used as evidence for them to commit an offence for the 1 or 2 images that were kept?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello is this a hypothetical scenario?
Customer: replied 1 year ago.
Yes its hypothetical
Customer: replied 1 year ago.
I'm not sure how to increase the price so I will repost it
Customer: replied 1 year ago.
I agree to pay £33 for the question. I'm unsure how to increase it
Expert:  Jo C. replied 1 year ago.
I will ask for you.If it is easier then you could just summarise the above?
Customer: replied 1 year ago.
I'll repost the question and the amount
Customer: replied 1 year ago.
I want it in written form please, unable to talk over phone. I've reposted the question
Expert:  Jo C. replied 1 year ago.
Apparently if you decide to raise the question price, you can log in, go to My Questions, then click on the title of your question. Once on your question page, you can click 'edit' to change the amount
Customer: replied 1 year ago.
I've looked all over and followed that but there is no "edit" link to click on
Customer: replied 1 year ago.
I asked this question because I have an anxiety problem and I worry a lot. I doubt myself a lot and get very worked up. I need to probably see a psychiatrist and not be waiting on lawyers to demand an extra £15, which I would have given anyway
Expert:  Jo C. replied 1 year ago.
Ok. So you don't need an answer now?
Customer: replied 1 year ago.
Yes please, but can't work out how to add extra money
Customer: replied 1 year ago.
the value of the question has now been changed to £33. I contacted customer services. kind regards
Expert:  Jo C. replied 1 year ago.
Ok. I'm not sure whether you are saying that you do or don't want an answer?
Customer: replied 1 year ago.
yes please can you answer it
Expert:  Jo C. replied 1 year ago.
Is the recording capturing the extreme pornography? Or just the viewer?
Customer: replied 1 year ago.
Both the viewer and the extreme pornography
Expert:  Jo C. replied 1 year ago.
There would be an offence in recording extreme pornography that is more serious actually than the viewing of it. There isn’t an offence in only recording the viewer if this is the first time that it has been done. It could form part of offences like stalking if there are other occasions of recording maybe. It might be that there isn’t a prosecution for public interest reasons but I wouldn’t recommend this action because there would be a risk. Even if the recording were unlawfully obtained though it could still be used as evidence. It doesn’t preclude the Crown from relying on it since they did not act unethically in the covert recording. Can I clarify anything for you? Jo
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