HC Deb 05 March 1979 vol 963 cc401-2W
Mr. Lee

asked the Attorney-General how many members of the staff of his Department are currently engaged cither full-time or part-time in perusal of publications complained of as being allegedly obscene or of the complaints themselves sent to his Department by members of the public; and what is the estimated economic cost of such activity over a 12-month period.

The Attorney-General

Two part-time—minimal.

Mr. Lee

asked the Attorney-General if he will make a statement of Government policy with regard to the circumstances under which proceedings for prosecution or forfeiture of a publication alleged to be of an obscene nature but which is not so found after trial, as happened to the magazine "Forum" at Harrow magistrates' court, are nevertheless proceeded against elsewhere in other courts of law.

The Attorney-General

As a matter of law the findings of a criminal court in respect of proceedings under the Obscene Publications Acts involves issues in addition to and other than that of the obscenity of a publication. Any such finding is in respect of the particular defendant for the particular offence charged and is not binding on any court in respect of any defendant charged with some other offence, even if it relates to the same publication.

Decisions concerning the bringing of proceedings under the Obscene Publications Acts in respect of magazines are the responsibility of the local prosecuting authority which receives advice from the Director of Public Prosecutions but is not bound by such advice. Each case is considered on its merits.