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Discussion in 'UK Motorcycles' started by Hog, Aug 3, 2007.

  1. Hog

    AW Guest

    Protection of Children Act 1978 (England & Wales)

    The law on images of child abuse is clear. It is an offence to take,
    permit to be taken, make, possess, show, distribute or advertise
    indecent images of children in the United Kingdom. The word indecent
    should be taken at its dictionary meaning; as a guide it means any
    images of children, apparently under 18 years of age, involved in
    sexual activity or posed to be sexually provocative.

    Please note; it is against the law to actively seek out such images
    and doing so in order to report to the IWF would not be a defence in
    court.

    Section 1 of this act, as amended by the Criminal Justice and Public
    Order Act 1994, creates various offences of taking or distributing
    indecent photographs or pseudo-photographs of a child under 18 years
    of age. It states:

    1(1) It is an offence for a person -

    To take, or permit to be taken, or to make any indecent photograph or
    pseudo-photograph of a child; or to distribute or show such indecent
    photographs or pseudo-photographs; or to possess such indecent
    photographs or pseudo-photographs, with a view to their being
    distributed or shown by himself or others; or to publish or cause to
    be published any advertisement likely to be understood as conveying
    that the advertiser distributes or shows such indecent photographs or
    pseudo-photographs, or intends to do so.'

    Section 160 of The Criminal Justice Act of 1988 made the simple
    possession of indecent photographs of children an offence. This is an
    Arrestable Offence carrying a maximum sentence of 5 years
    imprisonment.

    Making an indecent image of a child is a Serious Arrestable Offence
    carrying a maximum sentence of 10 years imprisonment.
    Note: The term "make" includes downloading images from the Internet
    and storing or printing them out. R v Bowden (J) 1999.
     
    AW, Aug 5, 2007
    #21
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  2. Hog

    AW Guest

    My mate certainly didn't. He wouldn't/couldn't say what he was
    looking for but he did say that it was one of the worst jobs he'd ever
    had to do, and he'd certinaly had to do some nasty stuff in his time.
     
    AW, Aug 5, 2007
    #22
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  3. Hog

    AW Guest


    True, though in most cases there is going to be no defence as to get
    the stuff you have to actively seek it - either by joining one of the
    rings or by pay per view. So with very few exceptions it really is a
    bang to rights moment the instant one hits the download button.
     
    AW, Aug 5, 2007
    #23
  4. I'd imagine one might apply for a licence from the Home Office or
    somesuch, much like the situation for growing weed.
    --
    Dave
    GS850x2 XS650 SE6a

    Teach a man to fish and he and his pikey mates will have the
    river cleaned out in a day.
     
    Grimly Curmudgeon, Aug 5, 2007
    #24
  5. Which is probably as it should be, though I always have slightly
    niggling doubts about absolute offences; I can't help feeling the
    government would love to introduce more and more of them.

    I'm trying to remember what other absolute offences there are - it's
    been a few decades since I opened a criminal law textbook.....
     
    The Older Gentleman, Aug 5, 2007
    #25
  6. Hog

    AW Guest

    (The Older Gentleman) wrote:



    Speeding, drunk driving. Anything where there is strict liability.
     
    AW, Aug 5, 2007
    #26
  7. It sometimes pops up unexpectedly, by accident of search. I've come
    across a couple of sites in the past that looked very dodgy indeed,
    although they might have been bait.
    Annoyingly, the thumbnails on the front pages would have remained in my
    cache, ready to be dragged out by a HD search if I'd been busted for
    anything else at the time. Have you noticed how often the forces of
    Laura Norder take away PC systems in furtherance of their investigations
    these days?

    Some years ago, out of curiousity I did a deep search of HD files and
    was amazed to find dozens, if not hundreds, of references to 'pedophile'
    and variations thereof. Afaics, most of them were newsgroup titles and
    the like, but it gave me pause. The types of neanderthals who attacked a
    paediatrician wouldn't hesitate to put in the windows of anybody who had
    such text on their computer.
    --
    Dave
    GS850x2 XS650 SE6a

    Teach a man to fish and he and his pikey mates will have the
    river cleaned out in a day.
     
    Grimly Curmudgeon, Aug 5, 2007
    #27
  8. "Strict liability". That's the phrase I'd forgotten! Ta.
     
    The Older Gentleman, Aug 5, 2007
    #28
  9. Hog

    deadmail Guest

    ^^^^^^^^^


    Say it ain't so!
     
    deadmail, Aug 5, 2007
    #29
  10. Hog

    ogden Guest

    Wikipedia reckons it is:

    "The concept of strict liability is also found in criminal law, though
    to a lesser extent. Strict liability often applies to vehicular
    traffic offenses. In a speeding case, for example, whether the
    defendant knew he or she was exceeding the posted speed limit is
    irrelevant. The prosecutor would need only prove that the defendant
    was indeed operating the vehicle in excess of the speed limit."
     
    ogden, Aug 5, 2007
    #30
  11. Hog

    deadmail Guest

    Cunts, the lot of them.

    Oh well.
     
    deadmail, Aug 5, 2007
    #31
  12. Tell me about it. Some five or six years ago I was trundling around
    looking for Suzuki GSXR750 sites, of all things.

    There was a *fabulous* Japanese one, and I started exploring the links
    off it. Those led to some Japanese punk/goth site (I know: it made me
    grin, too) and there was a newsgroup link off it. Fairu gazou something
    or other. So I went to that.

    It was a non-binary group, and BT carried it (I was with BT and not the
    Goiman server then) so I deduced it wasn't too dodgy, and clicked on a
    link on it. That took me to your common or garden porn site: again,
    nothing dodgy, and I was about to go back to Gixxer 750s when I noticed
    there was something really odd about it.

    It had no links off it.

    And *every* porn site is linked to something else, right?

    So, curiosity now piqued, I deleted the back end of the url to see what
    the main page looked like.....

    and WHAM! My screen filled with KP.

    Eek, quit out, take deep breath.

    Right, another deep breath, and try the home page url again (it was
    something incredibly simple - just a few characters and numbers) - and
    yes, it was a silly thing to do - and I got a 'site under construction'
    page, with a picture of a tree on it.

    Odd.

    So I backtracked, through the porn-site-wiv-no-links, and yes, got
    there. But couldn't get there simply by typing in the home page url.

    I didn't know about referrals then. I do now. And I'd never have
    stumbled on it if the original porn site had added a few links. They'd
    added the back door, but hadn't painted it to match its surroundings, as
    it were.

    So...... I passed all the details onto a ukrm-er who shall remain
    nameless, but who was (and I believe still is) rather good at tracing
    this sort of thing. Apparently it went through servers around the world,
    but ultimately ended up coming out of Florida. So said ukrm-er quietly
    passed all the details onto the FBI, and what happened after that I know
    not.

    One and only time I've encountered KP. Gave me one helluva shock.
     
    The Older Gentleman, Aug 5, 2007
    #32
  13. Hog

    AW Guest

    Indeed. Paying to view however, a la Langham is bang to rights stuff.

    That's making a copy, so yes.
     
    AW, Aug 5, 2007
    #33
  14. Hog

    AW Guest


    Scary. Pleased to say I never have but then I'm very risk averse when
    it comes to net surfing.
     
    AW, Aug 5, 2007
    #34
  15. Hog

    AW Guest


    Indeed. There's no need to prove intent (mens rea or guilty mind) in
    speeding etc, you speeded, you got caught, end of. Provided the
    technicalities have been observed, all you can do is throw yourself
    on the mercy of the court.
     
    AW, Aug 5, 2007
    #35
  16. That surprises me. Were I asked to guess, I'd have said Russia and/or
    Eastern Europe.
     
    The Older Gentleman, Aug 5, 2007
    #36
  17. Hog

    deadmail Guest

    Or tell them it's not a real crime and that they ought to focus on
    catching and convicting real criminals.

    I just *don't* get it. I really cannot comprehend that speeding is a
    'real' crime.
     
    deadmail, Aug 5, 2007
    #37
  18. Hog

    DR Guest

    I don't like it either, but with a devil's advocate's head on I look
    at it like this: speeding is deliberately acting in such a way that
    you increase the risk of harm to others beyond a level deemed
    acceptable by our lords and masters. There are other UK laws which
    when broken do not IMO constitute a "moral" wrong, but simply mean you
    haven't been a good little citizen and done as you were told. [1]

    Personally I say "**** it" and do what feels right at the time.

    [1] This is left as an exercise for the reader.
     
    DR, Aug 5, 2007
    #38
  19. Hog

    dog Guest

    that would appear to include some of the sex-ed teaching materials used in
    primary schools.
     
    dog, Aug 6, 2007
    #39
  20. Hog

    dog Guest

    not paying taxes, for one.
     
    dog, Aug 6, 2007
    #40
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