Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Possession definition

What does Possession mean? Possession in construction practice describes who has physical control of, and the right to occupy and manage, the site (or a section), including the ability to exclude others. It is a descriptive term informed by property law case law on exclusive possession and by the parties’ contract rather than a single statutory definition. Under most UK and Irish construction contracts, the employer grants the contractor possession of the site by an agreed date for possession to enable the works. While in possession, the contractor typically has responsibility for site access and security, care of the works and associated risk...

Possession of indecent child images, prohibited images and paedophile manuals: offences, statutory defences and sentencing (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Offence of Possession of an indecent photograph of a Child

Under section 160 of the Criminal Justice ACT 1988 (CJA 1988), a person commits an offence by having in their possession any indecent photograph or pseudo-photograph of a child. This is an either way offence.

Indecent

There is no definition of ‘indecent’. The jury must determine indecency by reference to recognised standards of propriety, using an objective test rather than their wholly subjective views alone.

A child

A child means a person who was under 18 at the material time. Expert evidence regarding a child’s age is inadmissible, since the jury are well placed to assess the age of a child for themselves. It is a question of fact for the jury to determine ultimately.

Photograph or pseudo-photograph

The terms photograph and pseudo-photograph bear the same meaning, for these purposes, under section 7 of the Protection of Children Act 1978 (PCA 1978).

Possession

The offence requires proof that the accused had possession or control of the image or images at the material time in question...

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Daniel Mullin

2 Hare Court

Daniel undertakes work in criminal, regulatory, and civil law.He regularly represents defendants in the Crown Court, Magistrates’ Court, and professional tribunals. Daniel is currently seconded to the Law Officers’ Department in Jersey where he will provide advice on asset restraint as part of investigations into international financial crime.Daniel is currently instructed in a number of civil cases, including breaches of contract in the county court. He is a ‘junior junior’ in an action against a government department where the damages claimed exceed £700 million.In regulatory law, Daniel regularly appears before disciplinary tribunals. Daniel is instructed alone to prosecute a case in the Crown Court on behalf of the Insolvency Service for breaches of the Companies Act and fraud arising from abuses of the Covid Bounce Back Loan scheme. He also works regularly on cases brought by and against local...

Web page updated on 21/05/2026

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