Tuesday 28 October 2014

ObscenityLawyer: Tiger Porn Victim Bites Back

ObscenityLawyer: Tiger Porn Victim Bites Back: "In the years since S63(7) of the Criminal Justice and Immigration Act 2008 was enacted there have been over 5,500 prosecutions for possession offences. Prior to the introduction of the legislation Ministers said there would merely be a handful of cases each year, and the Regulatory Impact Assessment predicted just 30 per annum.

Of great concern is that over the five years since enactment of the legislation the public, law enforcement agencies and the judiciary remain either oblivious or uncertain as to the precise meaning of at least two, and possibly all four, categories of the legislation. The Simon Walsh trial showed that CPS had sought to widen the meaning of Section 63(7)(b), seeking to prosecute for possession of images that depicted unconventional but not dangerous behaviour. The Andrew Holland (“Tiger porn”) case (Section 63(7)(d)) showed that harmless but crude jokes could also result in prosecution." 'via Blog this'

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