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Prosecution Guidance on Obscene Publications

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This CPS prosecution guidance covers the handling of obscene publications under the Obscene Publications Act 1959 and identifies potential offences associated with obscene publications. It outlines the evidential considerations necessary for prosecutors, as well as public interest factors that must be assessed when determining whether to proceed with prosecution. The guidance also addresses jurisdiction, handling of evidence, and potential sentencing for offences under this legislation.

Key points

  • Identifies offences related to obscene publications for prosecutors.
  • Emphasizes the importance of the definition of 'obscene' under the Act.
  • Guidance on considering public interest factors before prosecution.
  • Outlines evidential requirements for establishing obscenity.
  • Details potential sentences for offences under the Act.

Public-interest factors

  • Degree and type of obscenity
  • Type and scale of the commercial venture
  • Possibility of publication to a child
  • Need for seizure and forfeiture actions
  • Overall necessity and proportionality of prosecution
Possession of an extreme pornographic imageIndecent images of childrenDisclosing private sexual images without consentSharing intimate photographsCreating intimate imagesSupplying intimate image generatorsMalicious communicationsSending offensive materialsHarassmentOutraging public decency
Read the full guidance on cps.gov.uk
Reviewed by the BlueLineHub Editorial Team
Last reviewed: 29 June 2026 · Next review due: 29 December 2026

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.