a comment about the bar council

Alan, 08 Sep 2006 22:40:22

This a short post is from someone who wishes to remain annonymous for now

<

"The Bar Council also thought there would be difficulties with the ‘realistic depictions’ test, but that they could be ‘partially cured’ by providing a statutory defence if the defendant proved the person shown were consenting addults and the activities were depictions."

I know in some senses we shouldn't give any quarter, but isn't this a possible get out for the govt. who wont now perhaps back down but who might agree to this. So we'll end up with something like the US system where its all slightly toned down and ends with the model/actor saying I really enjoyed that.

Am I being too soft? Or are the bar councils concerns somthing BL should be publicising.

Anyone wish to take up this point

Al


rovacs, 08 Sep 2006 23:15:13

Interesting idea-it would deal with all the clap trap argument about people really being hurt making the stuff etc. A lot of the public are being misled by the loudmouth politicians that this is real stuff theyre criminalizing.
But but..there is stuff around nobody knows where it came from ,who the people are etc. It's fiction-only these buffoons imagine,or pretend it's real,but it would probably only be possible to provide "proof" if it came from a site who do the stuff themselves. Unless its very obviously from a movie-and the defendent might be able to identify it which would help.
I have said it before-I can't believe the stupidity of all this-how idiots are allowed to cause such trouble all over where there was none,leave a great big mess move on-because other idiots let them have power.

Author wrote:
> This a short post is from someone who wishes to remain annonymous for now
> <> "The Bar Council also thought there would be difficulties with the ‘realistic depictions’ test, but that they could be ‘partially cured’ by providing a statutory defence if the defendant proved the person shown were consenting addults and the activities were depictions."
> I know in some senses we shouldn't give any quarter, but isn't this a possible get out for the govt. who wont now perhaps back down but who might agree to this. So we'll end up with something like the US system where its all slightly toned down and ends with the model/actor saying I really enjoyed that.
> Am I being too soft? Or are the bar councils concerns somthing BL should be publicising.
> Anyone wish to take up this point
> Al
>
>


Graham Marsden, 08 Sep 2006 23:50:42

Hi there,

alan_slaughter2000@yahoo.co.uk wrote:

> "The Bar Council also thought there would be difficulties with the
> \x{2018}realistic depictions\x{2019} test, but that they could be \x{2018}partially
> cured\x{2019} by providing a statutory defence if the defendant proved
> the person shown were consenting addults and the activities
> were depictions."

I'm sorry, but are they serious???

I haven't read their submission, but is this really the *Bar Council*
saying that rather than someone being "presumed innocent until proven
guilty" ie the prosecution having to prove that these images were *not*
consenting adults and depictions, the defendant should be required to
prove that they were?

I find this utterly astonishing that they could even suggest this, it
overturns the whole concept of burden of proof which underpins UK Law!

No way should we ever even think about agreeing to this!!

Cheers,
Graham.