Section 63 of The Criminal Justice and Immigration Act 2008 - History - Notable Uses

Notable Uses

A 20-year-old St Helens man was prosecuted on 10 February 2009 for having "extreme" images involving women and animals. The images were reported by a PC repair shop. He was given an 18-month supervision order, 24 hours at an attendance centre and had to pay costs of £65.

As of June 2009 The Register claimed that according to their sources in law enforcement, there have been two or three prosecutions against people selling Chinese pirated DVDs (which include some bestiality DVDs). A later case in 2010 also involved the use against someone selling pirated DVDs. In January 2011, a South African national living in Berkshire was sentenced to 12 months in prison (followed by deportation) for having downloaded 261 videos of people having sex with dogs, pigs, horses and donkeys. He also received additional concurrent sentences of two months and one month for four images of children which he had also downloaded, allegedly inadvertently.

On 31 December 2009, a man was found not guilty under the law; he was cleared by a judge, after the prosecution offered no evidence against him. The film he was charged with possessing depicted a sexual act with a tiger, but it emerged that the tiger in the film was not real and the image was a joke. Police and prosecutors admitted that they had not watched the film with sound turned on. In March 2010, the same man pleaded guilty on a second charge for a six-second video clip involving humans, having been told by his legal aid defence team that this was his only chance to avoid prison. However, when a judge told him to prepare for a custodial sentence he changed his plea to not guilty, having taken advice from the pressure group Backlash,. A new trial was arranged, but the prosecution chose to withdraw charges before it could begin. The law has been used against people possessing only images of human adults (as opposed to the animal clauses), who have pleaded guilty.

Read more about this topic:  Section 63 Of The Criminal Justice And Immigration Act 2008, History

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