§ Mr. Ron Lewis
asked the Attorney-General in view of the fact that Section 3 of the Obscene Publications Act 1959 provides for action without prosecution against obscene printed publications, why the Director of Public Prosecutions has advised the police not to apply for a magistrates' warrant under Section 3 unless in his opinion a prosecution under Section 2 would be likely to succeed.
§ The Attorney-General
If my hon. Friend's Question is related to general advice, I am informed that no such general advice has been given by the Director of Public Prosecutions. As my hon. Friend will be aware, however, the test of obscenity is the same whether proceedings are taken under Section 2 or under Section 3, so that advice in a specific case might take the form indicated in the Question.116W