§ 46. Mr. Dribergasked the Secretary of State for the Home Department if he will introduce legislation to amend the Obscene Publications Act, 1959 so that the intention of Parliament in introducing the 386W concept of literary merit as relevant to prosecutions under this Act may not be frustrated by persons who seek to avoid such a test, and trial by jury, by initiating summary proceedings in a magistrates' court.
§ Miss BaconThere is already an entitlement to raise a defence of literary merit on any proceedings under the Obscene Publication Acts; but I sympathise with my hon. Friend's concern that the right to trial by jury should also apply in every such case. There are some difficulties in writing any automatic entitlement to jury trial into the forfeiture procedure; but my right hon. Friend intends to have the matter re-examined when opportunity for legislation occurs.