Just the facts about the CJIB (44)

"I suggested a blog or a dedicated page - so that people can add to them as they find them [the facts] (with the caveat that guesses aren't added, and erroneous facts are removed). The Backlash site has a history of being woefully out of date at the best of times, and as you say, things are changing rapidly now. There is also a dedicated site at seenoevil, but interpretations get in the way of facts there too.."

ok good idea *penny finally dropping*. I'm here so I'll do it.

Please everyone add links and quotes to factual stuff and debate elsewhere - feel free to starts any SEPARATE discussion of this facts thread, but try to keep opinion out of this thread so people can save time looking for what facts are known. This is a good place to ask for questions about facts so people can dig them out if they know them

I'll collate a few now while I've got a little time.

De

Support http://www.backlash-uk.org.uk/ . //We need to contact our MP's NOW http://www.writetothem.com/ . Ask them to support Baroness Howe's call for a select committee and take out [CJIB Part 5] Section 63 until they report. Or it's law on 9th May.

Edited Sat 3 May 08, 11:38 AM by Degenerate

http://www.publications.parliament.uk/pa/ld20070...

this is now section 62 it was section 63

62

Possession of extreme pornographic images

(1) It is an offence for a person to be in possession of an extreme pornographic image.

(2) An “extreme pornographic image” is an image which is both— (a) pornographic, and (b) an extreme image.

(3) An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(4) Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to— (a) the image itself, and (b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.

(5) So, for example, where— (a) an image forms an integral part of a narrative constituted by a series of images, and (b) having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal, the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

(6) An “extreme image” is an image which— (a) falls within subsection (7), and (b) is grossly offensive, disgusting or otherwise of an obscene character.

(7) An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following— (a) an act which threatens a person's life, (b) an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals, (c) an act which involves sexual interference with a human corpse, or (d) a person performing an act of intercourse or oral sex with an animal (whether dead or alive), and a reasonable person looking at the image would think that any such person or animal was real.

(8) In this section “image” means— (a) a moving or still image (produced by any means); or (b) data (stored by any means) which is capable of conversion into an image within paragraph (a).

(9) In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).

(10) Proceedings for an offence under this section may not be instituted— (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions; or (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Exclusion of classified films etc.

(1) Section 62 does not apply to excluded images.

(2) An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.

(3) But such an image is not an “excluded image” if— (a) it is contained in a recording of an extract from a classified work, and (b) it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.

(4) Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to— (a) the image itself, and (b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images; and section 62(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.

(5) In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to— (a) a defect caused for technical reasons or by inadvertence on the part of any person, or (b) the inclusion in the recording of any extraneous material (such as advertisements), is to be disregarded.

(6) Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 62 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.

(7) In this section— “classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section); “classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c. 39); “designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act; “extract” includes an extract consisting of a single image; “image” and “pornographic” have the same meanings as in section 62; “recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).

(8) Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.

64

Defence

(1) Where a person is charged with an offence under section 62, it is a defence for the person to prove any of the matters mentioned in subsection (2).

(2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image; (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time.

(3) In this section “extreme pornographic image” and “image” have the same meanings as in section 62.

Support http://www.backlash-uk.org.uk/ . //We need to contact our MP's NOW http://www.writetothem.com/ . Ask them to support Baroness Howe's call for a select committee and take out [CJIB Part 5] Section 63 until they report. Or it's law on 9th May.

Edited 5 May 08, 3:21 AM by Degenerate

Toak

FEMALE, BONDAGE-FRIENDLY MODEL SOUGHT. I am seeking to update my "How To" shibari bondage pictures (see my profile pics, the clothed blonde tied in red and black) with a model more "enthusiastic" about BDSM, and who is happy to be photographed nude. MEMO ME if this is you.

"Defence: participation in consensual acts (1) This section applies where— (a) a person ("D") is charged with an offence under section 62, and (b) the offence relates to an image that portrays an act or acts within paragraphs (a) to (c) (but none within paragraph (d)) of subsection (7) of that section. (2) It is a defence for D to prove— (a) that D directly participated in the act or any of the acts portrayed, and (b) that the act or acts did not involve the infliction of any non-consensual harm on any person, and (c) if the image portrays an act within section 62(7)(c), that what is portrayed as a human corpse was not in fact a corpse. (3) For the purposes of this section harm inflicted on a person is "non-consensual" harm if— (a) the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or (b) where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted."

Support http://www.backlash-uk.org.uk/ . //We need to contact our MP's NOW http://www.writetothem.com/ . Ask them to support Baroness Howe's call for a select committee and take out [CJIB Part 5] Section 63 until they report. Or it's law on 9th May.

editing now. one day I will write a post I don't have to edit - one day!!!

Support http://www.backlash-uk.org.uk/ . //We need to contact our MP's NOW http://www.writetothem.com/ . Ask them to support Baroness Howe's call for a select committee and take out [CJIB Part 5] Section 63 until they report. Or it's law on 9th May.

The Bill as amended by report on 25th April 2008:

http://www.publications.parliament.uk/pa/ld20070...

(Thanks De!)

judy

Edited for formatting

Edited 3 May 08, 11:16 AM by JudyInDsGuise

http://www.publications.parliament.uk/pa/ld20070...]

judy

Support http://www.backlash-uk.org.uk/ . //We need to contact our MP's NOW http://www.writetothem.com/ . Ask them to support Baroness Howe's call for a select committee and take out [CJIB Part 5] Section 63 until they report. Or it's law on 9th May.

Backlash's website has loads of community based info about the campaign work they have been doing since this Bill began, they are still catching up with what everything means and the website is constantly updated as they get info we need.

OK need a rest now.

Support http://www.backlash-uk.org.uk/ . //We need to contact our MP's NOW http://www.writetothem.com/ . Ask them to support Baroness Howe's call for a select committee and take out [CJIB Part 5] Section 63 until they report. Or it's law on 9th May.

People will be added to the Sex Offender's Redister if they are sentenced to 2 years or more.

This is now hidden away in Schedule 26 — "Minor and consequential amendments", Part 2 — "Other amendments", as an amendment to the Sexual Offences Act 2003.

See item 58: http://www.publications.parliament.uk/pa/ld20070...

The SOA 2003 has a sliding scale for the length of time a person is subject to the notification requirements.

If the sentence was anything from 24 up to 30 months, the notification period would be 10 years.

If the sentence was for a term of 30 months or more, the SOR notification is for an indefinite period.

We really need to get more info on sentencing guidelines to find out how many people are likely to get 2 years or more and for what....

F***ing hell.

Edited 14 May 08, 4:34 PM by backlash_uk