Yes, it is

In the UK, the jury itself is part of the test. This is why images that would otherwise "pass" the tests as defined in the copine categories can still be ruled illegal (though they would "only" be deemed Level I).

Which is why, in the UK, I would suggest that everything is potentially illegal. Of course, what actually passes the copine tests doesn't even need a bigoted jury to be ruled illegal, so there still is a difference, if vestigial.