Guide to offences

Video Recordings Act 2010

The 2010 act repealed and revived provision of the 1984 Act.

S9 Supplying video recording of unclassified work

Guide to offences under the video recordings act 2010, section 9, supplying video recording of unclassified work. Read across a row to find the type of offence, the section of the act it relates to, the sentence and the indictment.
Offence Section Sentence Indictment
(1) A person who supplies or offers to supply a video recording containing a video work in respect of which no classification certificate has been issued is guilty of an offence unless-

(a) the supply is, or would if it took place be, an exempted supply, or

(b) the video work is an exempted work.


(2) It is a defence to a charge of committing an offence under this section to prove that the accused believed on reasonable grounds-

(a) that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was either an exempted work or a work in respect of which a classification certificate had been issued, or

(b) that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act.


(3) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both,

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.		 9 6 months and/or a £20,000 fine. 2 years and/or a fine.


 
S10 Possession of video recording of unclassified work for purposes of supply

Guide to offences under the video recordings act 2010, section 10, possession of video recording of unclassified work for purposes of supply. Read across a row to find the type of offence, the section of the act it relates to, the sentence and the indictment.
Offence Section Sentence Indictment
(1) Where a video recording contains a video work in respect of which no classification certificate has been issued, a person who has the recording in his possession for the purpose of supplying it is guilty of an offence unless-

(a) he has it in his possession for the purpose only of a supply which, if it took place, would be an exempted supply, or

(b) the video work is an exempted work

(2) It is a defence to a charge of committing an offence under this section to prove-

(a) that the accused believed on reasonable grounds that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was either an exempted work or a work in respect of which a classification certificate had been issued

(b) that the accused had the video recording in his possession for the purpose only of a supply which he believed on reasonable grounds would, if it took place, be an exempted supply by virtue of section 3(4) or (5) of this Act, or

(c) that the accused did not intend to supply the video recording until a classification certificate had been issued in respect of the video work concerned


(3) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.		 10 6 months and/or a £20,000 fine. 2 years and/or a fine.


 
S11 Supplying of video recording of classified work for purposes of supply

Guide to offences under the video recordings act 2010, section 10, supplying of video recording of unclassified work for purposes of supply. Read across a row to find the type of offence, the section of the act it relates to, the sentence and the indictment.
Offence Section Sentence Indictment
(1) Where a classification certificate issued in respect of a video work states that no video recording containing that work is to be supplied to any person who has not attained the age specified in the certificate, a person who supplies or offers to supply a video recording containing that work to a person who has not attained the age so specified is guilty of an offence unless the supply is, or would if it took place be, an exempted supply


(2) It is a defence to a charge of committing an offence under this section to prove-

(a) that the accused neither knew nor had reasonable grounds to believe that the classification certificate contained the statement concerned,

(b) that the accused neither knew nor had reasonable grounds to believe that the person concerned had not attained that age, or

(c) that the accused believed on reasonable grounds that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act.


(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.		 11 6 months and/or a £5,000 fine. -


 
S13 Supply of video recording not complying with requirements as to labels

Guide to offences under the video recordings act 2010, section 10, supply of video recording not complying with requirements as to labels. Read across a row to find the type of offence, the section of the act it relates to, the sentence and the indictment.
Offence Section Sentence Indictment
(1) A person who supplies or offers to supply a video recording or any spool, case or other thing on or in which the recording is kept which does not satisfy any requirement imposed by regulations under section 8 of this Act is guilty of an offence unless the supply is, or would if it took place be, an exempted supply


(2) It is a defence to a charge of committing an offence under this section to prove that the accused-

(a) believed on reasonable grounds that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, or

(b) neither knew nor had reasonable grounds to believe that the recording, spool, case or other thing (as the case may be) did not satisfy the requirement concerned.


(3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.		 13 £5,000 fine. -


 
S14 Supply of video recording containing false indication as to classification

Guide to offences under the video recordings act 2010, section 10, supply of video recording containing false indication as to classification. Read across a row to find the type of offence, the section of the act it relates to, the sentence and the indictment.
Offence Section Sentence Indictment
(1) A person who supplies or offers to supply a video recording containing a video work in respect of which no classification certificate has been issued is guilty of an offence if the video recording or any spool, case or other thing on or in which the recording is kept contains any indication that a classification certificate has been issued in respect of that work unless the supply is, or would if it took place be, an exempted supply


(2) It is a defence to a charge of committing an offence under subsection (1) above to prove-

(a) that the accused believed on reasonable grounds-
    (i) that a classification certificate had been issued in respect of the video work concerned, or.
    (ii) that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, or.
    (b) that the accused neither knew nor had reasonable grounds to believe that the recording, spool, case or other thing (as the case may be) contained the indication concerned.


(3) A person who supplies or offers to supply a video recording containing a video work in respect of which a classification certificate has been issued is guilty of an offence if the video recording or any spool, case or other thing on or in which the recording is kept contains any indication that is false in a material particular of any statement falling within section 7(2) of this Act (including any advice falling within paragraph (a) of that subsection) contained in the certificate, unless the supply is, or would if it took place be, an exempted supply.


(4) It is a defence to a charge of committing an offence under subsection (3) above to prove-.

(a) that the accused believed on reasonable grounds-
    (i) that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, or.
    (ii) that the certificate concerned contained the statement indicated, or.

(b) that the accused neither knew nor had reasonable grounds to believe that the recording, spool, case or other thing (as the case may be) contained the indication concerned.

[F29(5)A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.		 14 6 months and/or a £5,000 fine. -