HC Deb 08 November 1960 vol 629 cc32-3W
74. Mr. Weitzman

asked the Attorney-General what steps were taken, previous to the decision to institute a prosecution against Penguin Books Limited, in connection with the publication of "Lady Chatterley's Lover", to obtain the opinion of experts as to the literary or artistic merits of the book, with a view to ascertaining whether a defence on the grounds afforded by Section 4 (1) of the Obscene Publications Act, 1959, could be established or negatived; and what opinions were received as a result.

The Attorney-General

It is not the practice to disclose particulars of inquiries made on behalf of the Director of Public Prosecutions with a view to the institution of criminal proceedings.

Mr. A. Lewis

asked the Attorney-General why Her Majesty's Government decided to prosecute Penguin Publications Limited; why they decided not to appeal against the court's decision on the "Lady Chatterley's Lover" case; and what is the approximate cost to public of this case.

The Attorney-General

No decisions were taken by Her Majesty's Government in respect of this prosecution. Proceedings were instituted by the Director of Public Prosecutions because in his opinion the evidence available disclosed aprima facie case of an offence against the Obscene Publications Act, 1959; no appeal is being brought against the court's decision because no appeal lies against an acquittal on the verdict of a jury; the cost of the prosecution to public funds is £278 is.

Mr. Emrys Hughes

asked the Attorney-General why the Crown prosecuted Penguin Books Limited, for the publication of "Lady Chatterley's Lover"; and what were the total costs.

The Attorney-General

Proceedings were instituted by the Director of Public Prosecutions because in his opinion the evidence available disclosed aprima fade case of an offence against the Obscene Publications Act, 1959; the prosecution's costs amounted to £1,131 17s. 3d.