HC Deb 15 April 1993 vol 222 cc700-1W
Mr. Hood

To ask the Secretary of State for Scotland if he will list the sentences available to courts in dealing with obscene, violent and pornographic material; and if he will make a statement.

Lord James Douglas-Hamilton

(holding answer 2 March 1993]: The table summarises the main statutory offences and maximum penalties in relation to obscene, violent and pornographic material. Additionally, common law offences such as shameless indecency may be relevant. The maximum sentence for a common law offence on conviction on indictment in the sheriff court is an unlimited fine and three years' imprisonment, or in the High Court an unlimited fine and life imprisonment.

Statutory provision Offence Maximum sentence
(e) section 52A Possessing any indecent photograph of a child. On summary conviction, a fine not exceeding level 5 on the standard scale (£5,000).
2. Indecent Displays (Control) Act 1981
(a) section 1 Publicly displaying, or causing or permitting the public display of, indecent matter. On summary conviction, in the district court a fine of £200 and in the sheriff court a fine of the prescribed sum (£5,000). On conviction on indictment, a fine and 2 years' imprisonment.
3. Video Recordings Act 1984
(a) section 9 Supplying, or offering to supply, an unclassified video recording. On summary conviction, a fine not exceeding £20,000.
(b) section 10 Possessing an unclassified video recording for the purpose of supply. As above.
(c) section 11 Supplying a classified video recording in breach of its classification. On summary conviction, a fine not exceeding level 5 (£5,000)
(d) section 12(1) Supplying or offering to supply, at a place other than a licensed sex shop, any classified video recording whose supply is restricted to licensed sex shops. As above.
(e) section 12(3) Possessing a classified video recording, the supply of which is restricted to sex shops, for the purpose of supplying it at any place other than a sex shop. As above.
(f) section 13 Supplying, or offering to supply, a video recording in breach of labelling requirements. As above.
(g) section 14(1) Supplying, or offering to supply, an unclassified video recording that contains a false indication as to its classification. As above.
(h) section 14(3) Supplying, or offering to supply, a classified video recording that contains a false indication as to its classification. As above.
4. Post Office Act 1953
(a) section 11 Sending indecent or obscene material in a postal packet. On summary conviction, a fine not exceeding the prescribed sum (£5,000) On conviction on indictment, 12 months' imprisonment.