(2)[F1If the offence relates to an image that portrays any relevant act (with or without other acts)] , the offender is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.

(3)If the offence relates to an image that does not portray any [F2relevant act] , the offender is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(4)In subsection (2)(a) or (3)(a) “the relevant period” means—

(a)in relation to England and Wales, 12 months;

(b)in relation to Northern Ireland, 6 months.

[F3(5)In this section “relevant act” means—

(a)in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);

(b)in relation to Northern Ireland, an act within section 63(7)(a) or (b) [F4or (7A)(a) or (b)].]