Report of the Juvenile Delinquency Committee — John Stuart Mill — John Shaqi
Report of the Juvenile Delinquency Committee
John Stuart Mill · en
"_Amendments of Principal Act_: Prior to 1954 the Indecent
Publications Act 1910 had stood without alteration for over forty
years, and although its main principles are still sound revision is
badly needed. Indeed, last year's amendment in certain respects
increased rather than decreased the difficulties. In our opinion,
the best solution is to reconsider the legislation as a whole and
to deal with the topic of objectionable publications in a new and
self-contained Act. This would, of course, take some time. We have
notes of many points to raise with the draftsman, but we cite
others of more general significance.
"(1) We consider that parts of the present section 6 are obsolete
and should be repealed. Section 6 enumerates certain classes of
works which are _prima facie_ indecent. Among these are 'any
document or matter which relates or refers, or may reasonably be
supposed to relate or refer, to any disease affecting the
generative organs of either sex, or to any complaint or infirmity
arising from or relating to sexual intercourse, or to the
prevention or removal of irregularities in menstruation'.
"In so far as this part of the section would prevent the
advertising of useless or harmful products, it is unnecessary in
view of the Medical Advertisements Act 1942. In so far as it
represents a general attitude it seems out of date now that the
matters referred to are discussed with far less reticence than when
the Act was passed. The reference to drugs or methods for procuring
abortion or miscarriage in the later part of the section might be
retained, but it belongs more properly in the Crimes Act or the
Police Offences Act.
"(2) At present section 157 of the Crimes Act overlaps the
provisions of the Indecent Publications Act 1910, and the tests it
lays down are expressed in very different language. This section is
little used, but it seems undesirable that there should be two
different tests for what is really the same offence. We recommend
the repeal of section 157 in so far as its subject matter overlaps
the Indecent Publications Act 1910.
"(3) If the legislation is rewritten, we suggest that consideration
be given to the incorporation in the Act of the 'dominant effect'
test laid down in an American case, the Ulysses case.
"The consolidation and rewriting of the existing legislation would
be of real benefit. The nature of the topic, however, demands that
any general consolidation should receive careful and even cautious
consideration. We do not think that in this matter urgent or speedy
action is called for."
The Committee has examined all of these suggestions and recommends that
they should receive the very favourable consideration of the Government.
Summary of Principal Conclusions and Recommendations