Is Viewing Extreme Material Online Considered Possession Under the Criminal Justice Act in England?

Question from Jam, Is Viewing Extreme Material Online Considered Possession Under the Criminal Justice Act in England?

Answer from AI:

In England, the legal definition of “possession” in the context of extreme or illegal material is complex and can depend on various factors. The Criminal Justice Act 1988 and the Criminal Justice and Immigration Act 2008 are two key pieces of legislation that address this issue.

Understanding “Possession”

Under English law, “possession” generally requires a person to have control over something and an intention to possess it. This means that simply viewing material online may not necessarily constitute possession. However, the law can be complex and there are exceptions. For example, if extreme material is automatically saved to your device’s cache when you view it, this could potentially be considered possession, even if you did not intentionally download the material.

The Criminal Justice Act 1988

The Criminal Justice Act 1988 does not specifically address the issue of viewing extreme material online. However, it does make it an offence to possess certain types of extreme material, such as indecent photographs of children.

The Criminal Justice and Immigration Act 2008

The Criminal Justice and Immigration Act 2008 introduced a new offence of possession of extreme pornographic images. This includes images that are grossly offensive, disgusting or otherwise of an obscene character and portray, in an explicit and realistic way, certain specified acts.

Legal Advice

If you are concerned about this issue, it is strongly recommended that you seek legal advice. The law in this area is complex and can depend on the specific circumstances. A legal professional can provide you with advice tailored to your situation.

Resources

• The Criminal Justice Act 1988 and the Criminal Justice and Immigration Act 2008 are available online for you to read.
• The Crown Prosecution Service provides guidance on extreme pornography, which may be helpful.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a legal professional for advice related to your specific circumstances.