CyberLaw Blog

Archive for the ‘Scotland’ Category

Eight Scots convicted of child abuse charges: “

Broken computer revealed conspiracy

Eight Scottish men have been convicted of various charges relating to child sexual abuse and conspiracy.…

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(Via The Register – Public Sector.)

Scottish Parliament pr0n law faces angry opposition: “

Dead horse flogging farce limps on

Last week, the long-awaited Scottish extreme porn bill (pdf) was published — s34 of the Criminal Justice and Licensing (Scotland) Bill — and it hasn’t gone down well at all.…

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(Via The Register – Public Sector.)

‘Extreme’ extreme porn law puts Scots out of kilter: “

Proposals would criminalise material allowed in rest of UK

If you thought Scotland might be a safe place to stash your collection of dubious erotic artwork when legislation on extreme porn comes into force, think again.…

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(Via The Register – Public Sector.)

Good old Scotland introduces its own version of the possession of extreme violent pornography provisions. I noticed this thanks to ever so the brilliant www.melonfarmers.co.uk

The below information has been taken from a document that summarises the proposals that will be included in the Criminal Justice and Licensing Bill (to be introduced into the Scottish Parliament in early 2009).

Revitalising Justice – Proposals To Modernise And Improve The Criminal Justice System

POSSESSION OF EXTREME PORNOGRAPHIC MATERIAL

The Scottish Executive issued a joint consultation in 2005 with the Home Office on issues relating to the possession of extreme pornography. This consultation ran until December 2005 and 93 Scottish responses were received.

We have decided to introduce a new offence for the possession of extreme pornographic material. We propose that this offence will criminalise the possession of pornographic images which realistically depict:

* Life-threatening acts and violence that would appear likely to cause severe injury;
* Rape and other non- consensual penetrative sexual activity, whether violent or otherwise; and
* Bestiality or necrophilia.

The maximum penalty for the proposed new offence will be 3 years imprisonment.

We intend that the new offence will be similar to that at section 63 of the Criminal Justice and Immigration Act 2008, which will apply in England, Wales and Northern Ireland. The Scottish offence will go further than that offence, however, in that it will cover all images of rape and non-consensual penetrative sexual activity, whereas the English offence only covers violent rape.

Under section 51 of the Civic Government (Scotland) Act 1982, it is already illegal to publish, sell or distribute or to possess with a view to selling or distributing the material that would be covered by this new offence. We propose to increase the maximum penalty under section 51 of the 1982 Act in respect of extreme pornographic material from 3 to 5 years.

Relevant weblinks

Consultation on the possession of extreme pornographic material – August 2005

http://www.homeoffice.gov.uk/documents/cons-extreme-porn-3008051/

Analysis of Scottish responses received to the consultation

http://www.scotland.gov.uk/Topics/Justice/criminal/17543/ExtremePornograhicMateria/AnalysisReport

BENEFIT OF MAKING THE PROPOSED CHANGE

Will help ensure society is protected from exposure to pornography that depicts horrific images of violence.
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