Video Recordings Act, 1989
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Prohibition of possession of video recordings for supply contrary to section 8 . |
9.—(1) A person who has in his possession for the purpose of supplying it a video recording containing a video work in respect of which a prohibition order is in force for the time being shall be guilty of an offence unless he has it in his possession for the purpose only of a supply that, if it took place, would be an exempted supply. | |
(2) It shall be a defence to a charge of committing an offence under this section to prove that the accused— | ||
(a) believed on reasonable grounds that— | ||
(i) the video work concerned was not a work in respect of which a prohibition order was in force at the time of the commission of the offence alleged, or | ||
(ii) if the video recording concerned contained more than one video work to which the charge relates, none of the works was a work in respect of which a prohibition order was in force at the time aforesaid, | ||
or | ||
(b) had the video recording concerned in his possession for the purpose only of a supply that he believed on reasonable grounds would, if it took place, be an exempted supply by virtue of paragraph (b) or (c) of section 2 (1) of this Act. | ||
(3) A person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or | ||
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 3 years or to both. |