compensation payable under section 133 is to be a nominal amount

which justify doing so, the assessor may determine that the amount of

(b), the assessor considers that there are exceptional circumstances

If, having had regard to any matters falling within subsection (3)(a) or

suffered as a result of them.

any other convictions of the person and any punishment

directly or indirectly caused, or contributed to, the conviction

any conduct of the person appearing to the assessor to have

reason of either or both of the following—

any deduction or deductions that the assessor considers appropriate by

assessor would otherwise have assessed as payable under section 133

The assessor may make from the total amount of compensation that the

the conduct of the investigation and prosecution of the offence.

result of the conviction, and

convicted and the severity of the punishment suffered as a

the seriousness of the offence of which the person was

assessor must have regard in particular to—

is attributable to suffering, harm to reputation or similar damage, the

In assessing so much of any compensation payable under section 133 as

for a miscarriage of justice.

of compensation payable to or in respect of a person under section 133

This section applies where an assessor is required to assess the amount

Miscarriages of justice: amount of compensation

In subsection (6) (meaning of suffering punishment as a result of conviction)

magistrates’ court by the Crown Court under section 48(2)(b) of the

to proceedings held following the remission of a matter to a

In subsection (5A) above any reference to a retrial includes a reference

with the retrial.

retrial or the prosecution indicates that it has decided not to proceed

“reversed” unless and until the person is acquitted of all offences at the

the conviction is not to be treated for the purposes of this section as

the person is to be subject to a retrial,

of time, and

a person’s conviction for an offence is quashed on an appeal out

But in a case where—

After subsection (5) (meaning of “reversed” in relation to a conviction) insert—

Section 133A applies in relation to the assessment of the amount of the

Criminal Justice and Immigration Bill Part 5 — Other criminal justice provisions

principally for the purpose of sexual arousal.

An image is “pornographic” if it appears to have been produced solely or

An “extreme pornographic image” is an image which is both—

It is an offence for a person to be in possession of an extreme pornographic

extend to England and Wales and Northern Ireland.

the repeal of section 8 of that Act in Part 3 of Schedule 23 ,

The following provisions, namely—

(requirement for annual report on working of the Act) ceases to have effect.

Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40)

Annual report on the Criminal Justice (Terrorism and Conspiracy) Act 1998

This section extends to England and Wales and Northern Ireland.

Ireland as well as England and Wales) after “section 133;” insert—

In section 172 (extent) in subsection (3) (provisions extending to Northern

has been laid before and approved by a resolution of each House of

No order may be made under subsection (7) unless a draft of the order

specified as the overall compensation limit or the earnings

amend subsection (5) or (6) so as to alter the amount for the time being

The Secretary of State may by order made by statutory instrument

National Statistics at the time of the assessment.

earnings according to the latest figures published by the Office of

That limit is an amount equal to 1.5 times the median annual gross

must not exceed the earnings compensation limit.

person’s loss of earnings or earnings capacity in respect of any one year

The total amount of compensation payable under section 133 for a

That limit is £500,000.

the overall compensation limit.

under section 133 for a particular miscarriage of justice must not exceed

The total amount of compensation payable to or in respect of a person

mentioned in subsection (3)(b) is to be determined by reference to—

recording, the question whether the image appears to have been extracted as

Where an extracted image is one of a series of images contained in the

images) solely or principally for the purpose of sexual arousal.

it appears that the image was extracted (whether with or without other

it is contained in a recording of an extract from a classified work, and

But such an image is not an “excluded image” if—

contained in a recording of the whole or part of a classified work.

An “excluded image” is an image which forms part of a series of images

Section 64 does not apply to excluded images.

Exclusion of classified films etc.

in Northern Ireland, except by or with the consent of the Director of

in England and Wales, except by or with the consent of the Director of

Proceedings for an offence under this section may not be instituted—

surgically constructed (in particular through gender reassignment surgery).

In this section references to a part of the body include references to a part

data (stored by any means) which is capable of conversion into an

a moving or still image (produced by any means); or

In this section “image” means—

appears to be real.

where (in each case) any such act, person or animal depicted in the image is or

oral sex with an animal,

a person performing or appearing to perform an act of intercourse or

an act which involves or appears to involve sexual interference with a

serious injury to a person’s anus, breasts or genitals,

an act which results in or appears to result (or be likely to result) in

an act which threatens or appears to threaten a person’s life,

An “extreme image” is an image of any of the following—

taken by itself.

pornographic, even though it might have been found to be pornographic if

the image may, by virtue of being part of that narrative, be found not to be

or principally for the purpose of sexual arousal,

it appears that the series of images as a whole was not produced solely

an image forms an integral part of a narrative constituted by a series of

So, for example, where—

the image) the context in which it occurs in the series of images.

(if the series of images is such as to be capable of providing a context for

the image itself, and

image appears to have been so produced is to be determined by reference to—

Where an image forms part of a series of images, the question whether the

Criminal Justice and Immigration Bill

Part 6 — Criminal law 46

(a) the image itself, and

(b) (if the series of images is such as to be capable of providing a context for

the image) the context in which it occurs in the series of images;

and section 64(5) applies in connection with determining that question as it

applies in connection with determining whether an image is pornographic. 5

(5) In determining for the purposes of this section whether a recording is a

recording of the whole or part of a classified work, any alteration attributable

to—

(a) a defect caused for technical reasons or by inadvertence on the part of

any person, or 10

(b) the inclusion in the recording of any extraneous material (such as

advertisements),

is to be disregarded.

(6) Nothing in this section is to be taken as affecting any duty of a designated

authority to have regard to section 64 (along with other enactments creating 15

criminal offences) in determining whether a video work is suitable for a

classification certificate to be issued in respect of it.

(7) In this section—

“classified work” means (subject to subsection (8)) a video work in respect

of which a classification certificate has been issued by a designated 20

authority (whether before or after the commencement of this section);

“classification certificate” and “video work” have the same meanings as in

the Video Recordings Act 1984 (c. 39);

“designated authority” means an authority which has been designated by

the Secretary of State under section 4 of that Act; 25

“extract” includes an extract consisting of a single image;

“image” and “pornographic” have the same meanings as in section 64;

“recording” means any disc, tape or other device capable of storing data

electronically and from which images may be produced (by any

means). 30

(8) Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for

the purposes of this section as it applies for the purposes of that Act.

66 Defence

(1) Where a person is charged with an offence under section 64, it is a defence for

the person to prove any of the matters mentioned in subsection (2). 35

(2) The matters are—

(a) that the person had a legitimate reason for being in possession of the

image concerned;

(b) that the person had not seen the image concerned and did not know,

nor had any cause to suspect, it to be an extreme pornographic image; 40

(c) that the person—

(i) was sent the image concerned without any prior request having

been made by or on behalf of the person, and

(ii) did not keep it for an unreasonable time.

(3) In this section “extreme pornographic image” and “image” have the same 45