As amended by:
- Police and Criminal Evidence Act 1984
- Cinemas Act 1985
- Broadcasting Act 1990
This
article
1 Indecent displays.
(1) If any indecent matter is publicly displayed the person making the
display and any person causing or permitting the display to be made
shall be guilty of an offence.
(2) Any matter which is displayed in or so as to be visible from any
public place shall, for the purposes of this section, be deemed to
be publicly displayed.
(3) In subsection (2) above, “public place”, in relation to the
display of any matter, means any place to which the public have or
are permitted to have access (whether on payment or otherwise) while
that matter is displayed except—
(a) a place to which the public are permitted to have access only
on payment which is or includes payment for that display; or
(b) a shop or any part of a shop to which the public can only gain
access by passing beyond an adequate warning notice;
but the exclusions contained in paragraphs (a) and (b) above
shall only apply where persons under the age of 18 years are not
permitted to enter while the display in question is continuing.
(4) Nothing in this section applies in relation to any matter—
(a) included by any person in a television broadcasting service
or other television programme service
(b) included in the display of an art gallery or museum and visible
only from within the gallery or museum; or
(c) displayed by or with the authority of, and visible only from
within a building occupied by, the Crown or any local authority; or
(d) included in a performance of a play; or
(e)included in a film exhibition—
(5) In this section “matter” includes anything capable of being
displayed, except that it does not include an actual human body or
any part thereof; and in determining for the purpose of this section
whether any displayed matter is indecent—
(a) there shall be disregarded any part of that matter which is
not exposed to view; and
(b) account may be taken of the effect of juxtaposing one thing with
another.
(6) A warning notice shall not be adequate for the purposes of this
section unless it complies with the following requirements—
(a) The warning notice must contain the following words, and no
others—
“WARNING Persons passing beyond this notice will find material on
display which they may consider indecent. No admittance to persons
under 18 years of age.”
(b) The word “WARNING” must appear as a heading.
(c) No pictures or other matter shall appear on the notice.
(d) The notice must be so situated that no one could reasonably gain
access to the shop or part of the shop in question without being
aware of the notice and it must be easily legible by any person
gaining such access.
2 Powers of arrest, seizure and entry
(2) A constable may seize any article which he has reasonable grounds
for believing to be or to contain indecent matter and to have been
used in the commission of an offence under this Act.
(3) In England and Wales, a justice of the peace if satisfied on
information on oath that there are reasonable grounds for suspecting
that an offence under this Act has been or is being committed on any
premises and, in Scotland, a sheriff or justice of the peace on
being so satisfied on evidence on oath, may issue a warrant
authorising any constable to enter the premises specified in the
information or, as the case may be, evidence (if need be by force)
4 Penalties
(1) In England and Wales, any person guilty of an offence under this
Act shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory
maximum; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine or both.
(2) In Scotland, any person guilty of an offence under this Act shall
be liable—
(a) on summary conviction—
(i) in the district court, to a fine not exceeding £200;
(ii) in the sheriff court, to a fine not exceeding the statutory
maximum; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine or both.
