HC Deb 15 July 1988 vol 137 c402W
Sir Michael McNair-Wilson

To ask the Secretary of State for the Home Department what measures are taken to confiscate foreign imported videos depicting perverted sexual practices and violence.

Mr. Renton

The police have powers under the Obscene Publications Act 1959, on a warrant from a magistrate, to seize articles which they believe to be obscene and kept for gain and bring them before a magistrates' court. If the court decides that the articles are obscene and kept for gain or if a person is convicted of keeping them for gain. the court must order their forfeiture. It is for the police to decide when to seek a warrant for the seizure of articles. The courts also have powers when a person is convicted for any offence under the Video Recordings Act 1984 to order the forfeiture of any video recordings related to the offence.

In addition, officers of Customs and Excise have power under the Customs and Excise Management Act 1979 to seize articles which they believe to be obscene and to have been imported unlawfully. Such articles are deemed to be forfeited unless the importer can satisfy a court that they are not obscene or unlawfully imported.