Obscenity victory

An illiberal and misconceived prosecution fails at Southwark Crown Court.

The jury at Southwark Crown Court has returned unanimous Not Guilty verdicts on each of the six charges under the Obscene Publications Act 1959 against Michael Peacock.

The prosecution failed to convince a single juror that any of the DVD material distributed by Peacock was "depraving and corrupting" under the 1959 Act. The DVDs contained sexual practices such as fisting, BDSM, and so-called "watersports" depicted between consenting adults.

Statement from Crown Prosecution Service:

The CPS charged Michael Peacock with publishing obscene articles for gain, as we were satisfied that there was sufficient evidence to secure a realistic prospect of conviction, and that it was in the public interest to prosecute these allegations.

The prosecution was not only about the content of the material, but the way in which it was being distributed to others, without checks being made as to the age or identity of recipients.

The judge was satisfied that there was a case to answer, but having heard all of the evidence for both the prosecution and the defence, the jury acquitted the defendant.

We respect the jury's decision.

Statement from Mr Peacock's solicitors Hodge Jones & Allen:

The trial of Michael Peacock for six counts of distributing obscene DVDs under the Obscene Publications Act 1959 concluded today with an acquittal.

The jury, which had watched large parts of the 'hard core' male-on-male DVDs took under 2 hours to find Mr Peacock not guilty.

Mr Peacock had been advertising the DVDs online and selling them from his flat in Brixton. Officers from SCD9 (the former Obscene Publications Squad of the Met) saw the adverts and operated an undercover test purchase. Six DVD's featuring various sex acts including 'fisting' and BDSM were deemed by police to be obscene and Mr Peacock was prosecuted.

Myles Jackman, a solicitor at Hodge Jones & Allen, with a specialist interest in obscenity law, commented: "The jury's verdict is a significant victory for common sense suggesting that the OPA has been rendered irrelevant in the digital age. Normal jurors did not consider representations of consensual adult sexuality would deprave and corrupt the viewer."

Senior Criminal Partner, Nigel Richardson, acting for Mr Peacock, stated that "from the outset Michael has displayed an enormous amount of courage in contesting these charges. The jury's verdict vindicates his decision to challenge this arcane and archaic legislation. The result is also a testament to [HJA crime partner] Sandra Paul's persuasive advocacy."

More to follow.

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The campaign to keep Britain in Europe must be based on hope, not fear

Together we can show the world a generous, outward-facing Britain we can all be proud of.

Today the Liberal Democrats launched our national campaign to keep Britain in Europe. With the polls showing the outcome of this referendum is on a knife-edge, our party is determined to play a decisive role in this once in a generation fight. This will not be an easy campaign. But it is one we will relish as the UK's most outward-looking and internationalist party. Together in Europe the UK has delivered peace, created the world’s largest free trade area and given the British people the opportunity to live, work and travel freely across the continent. Now is the time to build on these achievements, not throw them all away.

Already we are hearing fear-mongering from both sides in this heated debate. On the one hand, Ukip and the feuding Leave campaigns have shamelessly seized on the events in Cologne at New Year to claim that British women will be at risk if the UK stays in Europe. On the other, David Cameron claims that the refugees he derides as a "bunch of migrants" in Calais will all descend on the other side of the Channel the minute Britain leaves the EU. The British public deserve better than this. Rather than constant mud-slinging and politicising of the world's biggest humanitarian crisis since the Second World War, we need a frank and honest debate about what is really at stake. Most importantly this should be a positive campaign, one that is fought on hope and not on fear. As we have a seen in Scotland, a referendum won through scare tactics alone risks winning the battle but losing the war.

The voice of business and civil society, from scientists and the police to environmental charities, have a crucial role to play in explaining how being in the EU benefits the British economy and enhances people's everyday lives. All those who believe in Britain's EU membership must not be afraid to speak out and make the positive case why being in Europe makes us more prosperous, stable and secure. Because at its heart this debate is not just about facts and figures, it is about what kind of country we want to be.

The Leave campaigns cannot agree what they believe in. Some want the UK to be an offshore, deregulated tax haven, others advocate a protectionist, mean-hearted country that shuts it doors to the world. As with so many populist movements, from Putin to Trump, they are defined not by what they are for but what they are against. Their failure to come up with a credible vision for our country's future is not patriotic, it is irresponsible.

This leaves the field open to put forward a united vision of Britain's place in Europe and the world. Liberal Democrats are clear what we believe in: an open, inclusive and tolerant nation that stands tall in the world and doesn't hide from it. We are not uncritical of the EU's institutions. Indeed as Liberals, we fiercely believe that power must be devolved to the lowest possible level, empowering communities and individuals wherever possible to make decisions for themselves. But we recognise that staying in Europe is the best way to find the solutions to the problems that don't stop at borders, rather than leaving them to our children and grandchildren. We believe Britain must put itself at the heart of our continent's future and shape a more effective and more accountable Europe, focused on responding to major global challenges we face.

Together in Europe we can build a strong and prosperous future, from pioneering research into life-saving new medicines to tackling climate change and fighting international crime. Together we can provide hope for the desperate and spread the peace we now take for granted to the rest of the world. And together we can show the world a generous, outward-facing Britain we can all be proud of. So if you agree then join the Liberal Democrat campaign today, to remain in together, and to stand up for the type of Britain you think we should be.