Page:Protection of Children Act 1978.pdf/6

Rh :(b) where a decision on appeal is subject to a further appeal, the appeal is not finally decided until the expiration of the ordinary time within which a further appeal may be instituted or, where a further appeal is duly instituted, until the further appeal is finally decided or abandoned.

6.—(1) Offences under this Act shall be punishable either on conviction on indictment or on summary conviction.

(2) A person convicted on indictment of any offence under this Act shall be liable to imprisonment for a term of not more than three years, or to a fine or to both.

(3) A person convicted summarily of any offence under this Act shall be liable—
 * (a) to imprisonment for a term not exceeding six months ; or
 * (b) to a fine not exceeding the prescribed sum for the purposes of section 28 of the Criminal Law Act 1977 (punishment on summary conviction of offences triable either way: £1,000 or other sum substituted by order under that Act), or to both.

7.—(1) The following subsections apply for the interpretation of this Act.

(2) References to an indecent photograph include an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film.

(3) Photographs (including those comprised in a film) shall, if they show children and are indecent, be treated for all purposes of this Act as indecent photographs of children.

(4) References to a photograph include the negative as well as the positive version.

(5) “Film” includes any form of video-recording.

8. An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement operates only so as to make for Northern Ireland provision corresponding to this Act—
 * (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament) ; but
 * (b) shall be subject to annulment by a resolution of either House.