Is intentionally viewing material under the Criminal Justice Act on a website on Google considered possession in England?

Question from JST, Is intentionally viewing material under the Criminal Justice Act on a website on Google considered possession in England?

Answer from AI:

In England, the legal definition of “possession” under the Criminal Justice Act can be complex and is subject to interpretation. Generally, possession implies having physical control over something. However, in the context of digital materials, the law can be less clear-cut.

Understanding the Criminal Justice Act

The Criminal Justice Act 1988, specifically Section 160, makes it an offence to possess any indecent photograph, or pseudo-photograph, of a child. This includes accessing such materials online. However, the law is not entirely clear on whether merely viewing such material constitutes “possession”.

Viewing vs Possession

In some cases, intentionally viewing illegal material online may be considered as possession. This is because when you view something online, it’s often temporarily stored on your computer, even if you don’t manually download it. This is known as caching. Some legal experts argue that this could be considered possession, as the material is on your device, even if it’s only temporary.

However, the Crown Prosecution Service (CPS) has stated that they would not usually consider viewing material online as possession, unless there is evidence that the person has saved, printed, or shared the material.

Legal Advice and Further Actions

If you’re concerned about this issue, it’s important to seek legal advice. The law in this area can be complex and open to interpretation, and the consequences of a conviction can be severe.

Remember: It’s always illegal to intentionally seek out or distribute illegal material, whether online or offline. If you come across such material online, you should report it to the Internet Watch Foundation.

Resources

• The full text of the Criminal Justice Act 1988, Section 160 is available online.
• The CPS’s guidance on indecent images of children provides more information on how they interpret the law.
• The Internet Watch Foundation provides a way to report illegal material.

This information is intended to provide a general understanding of the law. It’s not intended to provide specific legal advice. Always consult with a legal professional for personalized advice.