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This means that English and Welsh citizens could find themselves liable to a three-year spell in jail, and registered as a sex offender, for watching adult pornography in the privacy of their homes. Campaigners wanted to introduce a law that would protect women and girls against sexual violence. But other arguments for regulation soon muddied the waters.
Research at Durham University into the criminal law on the possession of extreme pornography played an important part in convincing politicians that the law should be changed. Campaigners lobbying for pornographic images of rape to be outlawed cited the work of the Gender and Law at Durham GLAD research group. As a result the Scottish Parliament made it a criminal offence to possess such images.
The offence of possession of extreme pornographic images in Part 5, sections 63 to 67 of the Criminal Justice and Immigration Act the Act came into force on 26 January and is not retrospective. Sections 63 to 67 of the Act make it an offence to possess pornographic images that depict acts which threaten a person's life; acts which result in or are likely to result in serious injury to a person's anus, breasts or genitals; bestiality; or necrophilia. They also provide for the exclusion of classified films etc. Section 71 of the Act increases the maximum penalty for publication of obscene material and for the possession of such material for gain under the Obscene Publications Act
One evening in the late autumn ofAndrew Holland returned from holiday to discover that the front door to his home in Wrexham had been smashed in. Thinking he had been burgled, he phoned the police. They came straight round — and arrested him.
Section 63 of the Criminal Justice and Immigration Act is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law has been more widely used than originally predicted, raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament. The law applies to pornography defined as an image "of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal " which is "grossly offensive, disgusting or otherwise of an obscene character" and portrays "in an explicit and realistic way" any of the following:.
British Broadcasting Corporation Home. But many fear it has been rushed through and will criminalise innocent people with a harmless taste for unconventional sex. Five years ago Jane Longhurst, a teacher from Brighton, was murdered.
Since the explosion in the use of the internet, pornography is always an issue at the forefront of debate. In the UK, the Criminal Justice Act already dealt with the possession of indecent images involving children; the Criminal Justice and Immigration Act CJIA was introduced to cover possession of extreme pornographic images. CJIA aimed to cover realistic portrayals of acts, the publication of which were likely to be unlawful under the Obscene Publications Act In England, Wales and Northern Ireland, the consent of the Director of Public Prosecutions is needed before a case of possession of extreme pornographic material can be taken to court.
The Digital Economy Bill under consideration by parliament proposes giving regulation of online pornography to the current regulator of pornographic DVDs. New legislation is set to ban a large number of sexual acts in pornography. The organisation does not have a definitive list of sexual acts which it bans and instead BBFC guidelines list interpretative principles.