Crown Prosecution Service

It is the CPS who actually take the decision whether to prosecute or not.

Their advice, available here, amplifies some definitions.

"Although the Act does not state what a serious injury is, prosecutors must be aware that by the very nature of its name serious injury will not include trivial or transient injuries which include bruises and grazes."

"Taking an example which was raised during parliamentary debates on the Criminal Justice and Immigration Bill, the anal sex scene in the movie Last Tango in Paris, even if it were to be considered pornographic and of an obscene nature, would not be caught by the new offence, because it is not explicit and does not portray an act resulting or likely to result in serious injury to an persons anus."

"The painting Leda and the Swan, another example raised during debates in Parliament, would also not be caught by the new offence, because it would not meet the explicit and realistic test."

They also warn prosecutors "the police may ask you to consent on behalf of the DPP over the telephone. Prosecutors should not do this."

Quite. Unless they all have videophones, one would hope not.

Association of Chief Police Officers

ACPO, the Association of Chief Police Officers, draw up and publish guidance for their forces on how to interpret and enforce laws.

ACPO's lead on Extreme Pornographic Images, Jim Gamble, Chief Executive for CEOP (the Child Exploitation and Online Protection Centre) issued this statement in January 2009.

"The new legislation being introduced on extreme pornography has been drafted to ensure that the current laws on the publication of obscene material are now relevant to the digitally-converged environment in which we all live."

"Whilst the publication and distribution of extreme pornography is already covered in UK legislation through the Obscene Publications Act 1959, the new criminal offence of possession of this material has been created in order to prevent the further circulation of what is sexually violent and extreme in nature. It also reflects the potential damaging impact that the possession of this material could have."

"By ensuring that legislation is up to date and the anomalous issues between distribution and possession now addressed, this will assist law enforcement officers when presented with future investigations where indecent and illegal material is found."

"We need to be clear. This is not intended to infringe upon the personal lives of citizens or dictate their lawful sexual activities. This is about countering material that is sexually violent and illegal in nature and not about affecting one's civil rights and liberties."

But in a rather tendentious article in the Guardian, ACPO were quoted as saying "The police will not be actively targeting members of the public but will be conducting investigations into the unlawful possession of this material where found."

If you learn of any other "official" advice, please contact us.

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