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

Question from m, Is Viewing Extreme Material Online Considered Possession Under the UK Criminal Justice Act?

Answer from AI:

In the United Kingdom, the laws regarding viewing extreme material online are complex and can vary depending on the specific nature of the material. The Criminal Justice and Immigration Act 2008, Section 63, makes it an offence to possess extreme pornographic images. However, the law does not explicitly state that merely viewing such material is the same as possession.

Understanding the Legal Definition of Possession

In general, legal possession requires a degree of control over the item in question. This typically means that you have the item on your person or property, and you have the ability to use or dispose of it.

However, in the context of digital material, the definition of possession can be more complicated. For example, if you view an image online, it may be temporarily stored on your computer in the form of cache files. Whether this constitutes possession can depend on various factors, such as whether you were aware of the file and whether you had the ability to access it.

When Viewing Might Be Considered Possession

There are circumstances where viewing extreme material online could potentially be considered possession. For instance, if you deliberately save or download the material, or if you take steps to ensure that the material remains accessible on your device, this could be seen as possession.

When Legal Advice Might Be Necessary

If you are concerned about potential legal implications of viewing certain material online, it would be advisable to consult with a legal professional. They can provide personalized advice based on your specific circumstances and the current state of the law.

Resources for Further Information

For more information on the laws regarding extreme material online in the UK, you can refer to the following resources:

• The Criminal Justice and Immigration Act 2008, Section 63
• The Crown Prosecution Service’s guidance on extreme pornography

Please note that this information is intended to provide a general overview and does not constitute legal advice. Laws can change, and the interpretation of these laws can vary depending on the circumstances. Always consult with a legal professional for advice tailored to your situation.