This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

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

Question from Did, Is Intentional Viewing of Extreme Material Considered Possession Under the Criminal Justice Act in England?

Answer from AI:

The question of whether intentional viewing of extreme material on a website, such as Google, is considered possession under the Criminal Justice Act in England is complex and depends on several factors.

Understanding Possession in the Context of the Criminal Justice Act

According to the case law you mentioned, Okoro [2018] EWCA Crim 1929, to prove possession, it must be shown that:

  1. The images are in the suspect’s custody or control such that they were capable of being accessed.
  2. The suspect knew they possessed images.

The suspect does not have to know the content of the images or knowledge of each individual image, as distinct from a group. The question of their content is relevant to the statutory defences.

Viewing vs. Possession

Generally, simply viewing an image on a website does not necessarily mean you possess the image. Possession typically implies that you have some level of control over the image, such as the ability to save, delete, or distribute it. However, the law can be complex and interpretations can vary.

Intentional Viewing

The key factor here is the intentionality of the viewing. If you intentionally sought out and viewed extreme material, it could potentially be argued that you had control over the images and knew you were viewing them, which could satisfy the requirements for possession.

Legal Advice

This is a complex area of law and interpretations can vary. If you are facing charges or are concerned about potential legal implications, it is strongly recommended that you consult with a legal professional who can provide advice based on your specific circumstances.

Please note that this information is intended to provide a general understanding of the law, not to provide specific legal advice. Always consult with a legal professional for personalized advice.

For more information on the Criminal Justice Act, you can visit the UK Legislation website.

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