Continuing the topic: Scottish anti-porn (0)

skyfox's profile

Posted by skyfox on Thu 9 Oct 08, 7:09 PM

One problem I have with the extreme pornography section of the new Criminal Justice and Licensing Bill is that it doesn't seem to fit the goals set out for the CJLB.

scotland.gov.uk wrote:
CRIMINAL JUSTICE AND LICENSING BILL
The Scottish Government will introduce legislation to strengthen and modernise Scotland's justice system, ensuring local authorities, police, prosecutors and courts have the most effective powers to respond swiftly and decisively to tackle crime and disorder in our communities
The Criminal Justice and Licensing Bill will be introduced into the Scottish Parliament early next year.
The Bill will be a very wide ranging piece of legislation that will include provisions to reform community penalties, improve criminal law, modernise court procedures, assist victims and witnesses and also contain measures that will help address Scotland's drinking culture through further reforms to licensing law. The Scottish Government is planning to announce fuller details of the content of the legislation shortly.
The Scottish Government is keen to ensure the criminal justice system is able to deal swiftly and effectively with offending from the moment a crime is committed, to the police investigation, through the court processes and when sentences are handed out by the court.
That is why we plan to help:
The courts and prosecutors through sensible reforms to the criminal law and court procedures - ensuring the interests of justice are served;
Following conviction, deliver a flexible and coherent penal policy where prison remains the right disposal for serious and violent offenders;
Take action to make sentences served in the community swifter, tougher and more visible to local communities ; and
Increase public confidence and victims's understanding of the sentencing process and decisions taken by our courts through a system of sentencing guidelines, developed by a judicially-led Sentencing Council, that help deliver more consistent and transparent sentencing.

1) How is this section in the interest of justice if the picture is not a picture of a crime? (For example, it is not a crime to play dead and have sex at the same time.)

2) How is this "flexible"? If by "flexible", they mean, all-encompassing so that it can be bent to mean anyone is guilty, then, yes, it is. 3 years for a lonely goth couple with a vampire thing or a middle-aged middle class couple who play with needles and rope? Right. Serious and violent.

3) Ok, yes, this is swifter and tougher, but so are public hangings.

4) The wording on this section is so vague and subject to personal opinion that there is no possible way that it could ever be consistent and transparent. Like obscenity laws, cases will be brought up only to be accepted or rejected based upon someone's individual opinion of whether or not the picture is of a non-violent rape.

AND

if you *really* want to start debating theory,

scotland.gov.uk wrote:
Each of us is entitled to have our basic human rights respected, but equally, we must respect the rights of others. Human rights are those rights which could be described as the most basic and fundamental values on which our society has been built - the rights we all take for granted. This includes things like:
The right to life
The right to freely express your views
The right to respect for your private and family life

That's located here, but if you search the site for 'human rights", you'll get a wealth of documents.

Edited Thu 9 Oct 08, 7:10 PM by skyfox


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