RE: When do the new uk laws come in to force? (Full Version)

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sleazy -> RE: When do the new uk laws come in to force? (1/5/2007 5:22:06 AM)

quote:

ORIGINAL: missturbation

My hopeful instinct, given the above, is that the police will be extremely careful in how they apply this law
I think like any law it will be enforced erratically. There are thos police officers out there that will throw the book at you for anything and those that will over look certain things. I guess it depends on how enforcable and cut and dried this law turns out to be.

(Un)fortunately given the wonderful british justice system there are many steps where a different person could make a different desicion as to how the law is enforced, roughly in order these would be

1. Arresting Officer
2. Custody Sargeant
3. Specialist Police teams, eg, Obscene Publications, Domestic Violence, Community Safety, Child Protection
3. Crown Prosecution Service
4. Magistrates
5. A Jury
quote:



I am also interested, in how the EU Human Rights legislation will figure in all of this; the right to private life.
This will certainly be interesting.
 

Backlash does have a QC arguing the case under the human rights act
quote:


For me this law will change nothing. I will still practice bdsm, still have my photo shoots done etc. It brings up a lot of questions though regarding things like photo shoots. Will the person who takes the photos be prosecuted? Will a picture of you in just cuffs, or collar and lead be classed as violent pornography? Where will the lines be drawn?

It seems (on my reading) that..........

You will/could be liable under new legislation for images that you posses*
You will/could be liable under existing Obscene Publications laws for images you posses*
The photographer will/could be liable for taking such images under Obscene Publications
* if thephotographer keeps copies, negatives or similar he would come under these too, likewise any friends you share such images with

I am not sure if the Obscene Publications act covers actresses/models or just creators,  producers, distributors and possesors. Guess I may well read that if this boring spell continues at work, its sure to make me feel the need for a nap.


Disclaimer, Im not a lawyer - I have more self-respect than that :) This is purely my interpretation


EDIT

On a first speed-read the OPA only applies to publishers and so would only apply above if the images were to be given to others.



sleazy -> RE: When do the new uk laws come in to force? (1/5/2007 5:27:09 AM)

quote:

ORIGINAL: LadyEllen
Yes - depending where the line is drawn it could get interesting. A picture of a couple in the stables about to go riding, with whips in hand, might well be dodgy. And then there's the whole "acts preparatory to" and "going equipped" area - a camera, two people and a ruler (for instance) in a room, could perhaps constitute evidence on those grounds.

E


Dare I mention the prospect of conspiracy to........ (ooops conspiracies were a different forum[:D])
However that, and going equipped and prep to  etc would come under OPA or some other yet to be imagined law as the intended law covers only possesion of such images, not the creation of them. One of the failings of the original proposal would have been that an act could be engaged in legally, but to retain an image of it would be unlawful - dont you just love well thought out un-intended consequences :)



missturbation -> RE: When do the new uk laws come in to force? (1/5/2007 5:34:47 AM)

Ok, i've just had a thought - amazing i know lol.
If as the law stands now you could be prosecuted for the act of bdsm, ie assault charges or whatever, could the sub not be prosecuted for aiding and abetting now. After all they are a willing participator in the supposed crime taking place?



sleazy -> RE: When do the new uk laws come in to force? (1/5/2007 5:44:53 AM)

Spannertrust seems pretty vague as to what the "victims", if any,  were charged with, I would suspect that aid & abet and conspiracy would be the obvious charges, with possibly conspiracy to pervert the course of justice should the "victim" not cooperate fully with the investigation. Outside of limited areas (eg, sport, heterosexual marriage) the law does not believe a person can consent to assault.

If I were a sub I am not sure which would scare me more, the threat of legal proceedings and jail time, or all the well-meaning, do-gooders that would insist on "helping" me recover from my "ordeal"



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