[Re] Simon Walsh’s acquittal at the Kingston Crown Court for allegedly being in possession ofextreme pornography under section 63 of the Criminal Justice and Immigration Act.
The five images in question depicted anal fisting and urethral sounding, both activities featured in the Peacock Trial. At the time I expressed the view that the CPS, along with the Metropolitan Police and the BBFC needed to review the guidelines.
I can report that, post Michael Peacock’s #ObscenityTrial and pre Simon Walsh’s #PornTrial the CPS did indeed meet with representatives from the Met and BBFC. However, I am told that the Peacock Trial was considered to be a singular prosecution and therefore the result of the review process was not to amend the guidelines in any way, shape or form. Therefore more defendants may have to put their lives on hold like Michael and Simon did whilst challenging such intrusive prosecutions.
It is my contention that the matter is now beyond the remit of the CPS, Met and BBFC and that the subject requires the scrutiny of the Home Secretary, Ministry of Justice and the Law Commission and that questions should be asked in the House.
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I guess the BBFC were just told to continue to cut material considered extreme or obscene by the CPS and police. Hopefully they had no part in the decision to continue to persecute people for images or legal and consensual sex.
