Video Recordings Act, 1989

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.