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CPS image decision slated by High Court judge (31)

This post is on the BDSM Activism web board.

Thu 24 Feb 11, 1:02 PM
backlash_uk
UK, 5 yrs
The CPS' shaky track record in porn cases just got a very public hammering.

Lord Justice Richards queried why a man was prosecuted for possessing indecent images when the photos were available for sale in a string of respectable mainstream bookshops.

Of course, this defence is not available to members of IC who simply keep an extreme clip from a certified production.

Quashing the convictions he said the trial judge had failed to adequately direct the jury on the correct “objective standards” to be applied when assessing whether the photos were indecent. The trial judge had directed acquittal on a separate CJIA s63 count.

The Crown Prosecution Service's application for a retrial was refused after Lord Justice Richards concluded that re-prosecuting was “not in the public interest”.

http://v.gd/BACi2D

Edited Thu 24 Feb 11, 3:47 PM by backlash_uk

24 Feb 11, 1:32 PM
rubberroy
UK(TN), 6 yrs
Good, it's about time judges put the CPS in their place. CPS seem to relish is bringing cases that are a complete and utter waste of time and an even bigger waste of taxpayers' (our) money.

Supplier of classic motor omnibuses for weddings and all sorts of events in the south of England.

27 Feb 11, 11:50 PM
sirguym
UK(HR), 6 yrs
One of the more iniquitous precedents under the Obscene Publications Act, carried through into the Video Recording Acts, and every Act of censorship since, etc. is that the defence, "You may think this is bad, look at this which is much worse but freely on sale!" cannot even be put to the jury.

If that precedent is breached in respect of Indecent Images, etc. it could be a huge step towards enabling free expression.

Tawsingham, where everyone can be whomsoever they want to be @Tawsingham_Feudal guy@tawse.com PO Box 135, Hereford, HR2 7WL, UK +44(0)1432 343100

28 Feb 11, 1:19 AM
Empress_Martine
UK(HA), 2 yrs
£


Of course this will now mean that CPS's exstance will now be under review,which could be that its reformed,replaced or abbolished and powers handed back to the orginal structure.This case will not be the end of the matter but the begining of the end,for the CPS.

http://empressm7.uboot.com/ Vampire pro/lifestyle ts dom and switch. Age play mummy/aunty/AB ,medical play,domestic, energy and outdoor specialist. "Beyond the government,above the police ."

28 Feb 11, 1:57 AM
yoda_dog
UK(HP), 6 yrs

Empress_Martine wrote:
Of course this will now mean that CPS's exstance will now be under review,which could be that its reformed,replaced or abbolished and powers handed back to the orginal structure.This case will not be the end of the matter but the begining of the end,for the CPS.

What makes you say that? The CPS have been called on loads of prosecutions, why would this be the beginning of the end?

"Bottom line: it's couples who are truly right for each other wade through the same crap as everybody else, but the big difference is they don't let it take them down. One of those two people will stand up and fight for that relationship every time."

28 Feb 11, 4:29 AM
Empress_Martine
UK(HA), 2 yrs
£


yoda_dog wrote:
Empress_Martine wrote:
Of course this will now mean that CPS's exstance will now be under review,which could be that its reformed,replaced or abbolished and powers handed back to the orginal structure.This case will not be the end of the matter but the begining of the end,for the CPS.

What makes you say that? The CPS have been called on loads of prosecutions, why would this be the beginning of the end?

It needs reform as its dropped too many cases and gone ahead with cases which are clearly unwinable.Its also messed up in cases like this one that started this thread. It is the begining of the end of the CPS in its present form.It needs reform.

http://empressm7.uboot.com/ Vampire pro/lifestyle ts dom and switch. Age play mummy/aunty/AB ,medical play,domestic, energy and outdoor specialist. "Beyond the government,above the police ."

Edited 28 Feb 11, 4:30 AM by Empress_Martine

28 Feb 11, 11:36 PM
yoda_dog
UK(HP), 6 yrs

Empress_Martine wrote:
yoda_dog wrote:
Empress_Martine wrote:
Of course this will now mean that CPS's exstance will now be under review,which could be that its reformed,replaced or abbolished and powers handed back to the orginal structure.This case will not be the end of the matter but the begining of the end,for the CPS.

What makes you say that? The CPS have been called on loads of prosecutions, why would this be the beginning of the end?

It needs reform as its dropped too many cases and gone ahead with cases which are clearly unwinable.Its also messed up in cases like this one that started this thread. It is the begining of the end of the CPS in its present form.It needs reform.

You've just said the same thing, not why. No-one's saying the CPS is pefect (far from it), but why should this case make any difference?

"Bottom line: it's couples who are truly right for each other wade through the same crap as everybody else, but the big difference is they don't let it take them down. One of those two people will stand up and fight for that relationship every time."

1 Mar 11, 12:40 AM
Empress_Martine
UK(HA), 2 yrs
£


yoda_dog wrote:
Empress_Martine wrote:
yoda_dog wrote:
Empress_Martine wrote:
Of course this will now mean that CPS's exstance will now be under review,which could be that its reformed,replaced or abbolished and powers handed back to the orginal structure.This case will not be the end of the matter but the begining of the end,for the CPS.

What makes you say that? The CPS have been called on loads of prosecutions, why would this be the beginning of the end?

It needs reform as its dropped too many cases and gone ahead with cases which are clearly unwinable.Its also messed up in cases like this one that started this thread. It is the begining of the end of the CPS in its present form.It needs reform.

You've just said the same thing, not why. No-one's saying the CPS is pefect (far from it), but why should this case make any difference?

Well, this case shows that can not even check that the evidence they are using, is solid. If you read the case, the evidence used to prosecute the person,was already legaly available and was not illegal.It shows that they can not do their research for the case and worse of all, they did not bother to check that the evidence was solid and fitted the case. This is why CPS needs to be reformed.To clear out the sub standard staff who can not even check that the evidence collected, is strong and water tight. The staff of the CPS,namely those involved in drawing up and composing cases,are a bunch of poorly trained clerks.Not competant to carry out the tasks.

http://empressm7.uboot.com/ Vampire pro/lifestyle ts dom and switch. Age play mummy/aunty/AB ,medical play,domestic, energy and outdoor specialist. "Beyond the government,above the police ."

Edited 1 Mar 11, 12:45 AM by Empress_Martine

1 Mar 11, 12:55 AM
yoda_dog
UK(HP), 6 yrs

Empress_Martine wrote:
yoda_dog wrote:
Empress_Martine wrote:
yoda_dog wrote:
Empress_Martine wrote:
Of course this will now mean that CPS's exstance will now be under review,which could be that its reformed,replaced or abbolished and powers handed back to the orginal structure.This case will not be the end of the matter but the begining of the end,for the CPS.

What makes you say that? The CPS have been called on loads of prosecutions, why would this be the beginning of the end?

It needs reform as its dropped too many cases and gone ahead with cases which are clearly unwinable.Its also messed up in cases like this one that started this thread. It is the begining of the end of the CPS in its present form.It needs reform.

You've just said the same thing, not why. No-one's saying the CPS is pefect (far from it), but why should this case make any difference?

Well, this case shows that can not even check that the evidence they are using, is solid. If you read the case, the evidence used to prosecute the person,was already legaly available and was not illegal.It shows that they can not do their research for the case and worse of all, they did not bother to check that the evidence was solid and fitted the case. This is why CPS needs to be reformed.To clear out the sub standard staff who can not even check that the evidence collected, is strong and water tight. The staff of the CPS,namely those involved in drawing up and composing cases,are a bunch of poorly trained clerks.Not competant to carry out the tasks.

Nice edit.

It is not up to the CPS to decide what is indecent, it's up to a Jury. Those poorly trained clerks are lawyers and paralegals, which I've heard takes quite a bit of training.

Now, you still haven't said why this case is any different to any other case the CPS have been criticised for, so again I'll ask the question.

Why does *this* case mean the beginning of the end for the CPS?

"Bottom line: it's couples who are truly right for each other wade through the same crap as everybody else, but the big difference is they don't let it take them down. One of those two people will stand up and fight for that relationship every time."

Edited 1 Mar 11, 12:56 AM by yoda_dog

1 Mar 11, 12:59 AM
MissP
UK(EN), 8 yrs
Empress_Martine wrote:

Well, this case shows that can not even check that the evidence they are using, is solid. If you read the case, the evidence used to prosecute the person,was already legaly available and was not illegal.It shows that they can not do their research for the case and worse of all, they did not bother to check that the evidence was solid and fitted the case. This is why CPS needs to be reformed.To clear out the sub standard staff who can not even check that the evidence collected, is strong and water tight. The staff of the CPS,namely those involved in drawing up and composing cases,are a bunch of poorly trained clerks.Not competant to carry out the tasks.

Wot??

If anything, it *might* make the police a tad more reticent about prosecuting cases, if they're wasting time and money on cases that are unlikely to secure a conviction. Hopefully that'll only reflect on fet-type cases, and not paedo cases.

I think it's very very unlikey we're seeing the "beginning of the end" for the CPS.

www.thedivinemissp.co.uk

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