Tuesday, 25 January 2011

Today's Police State moment....


The term "what the...." was invented for comments such as these from Scotland's Crown Office and Procurator Fiscal Service and quoted by The Register:

"We do not publicly disclose our prosecution policy in relation to specific offences as to do so may allow offenders to adapt or restrict their behaviour to conduct which falls short of our prosecution threshold."

So we're no going to tell you what is and is not illegal just in case you stick to the stuff that is legal? Indeed the Procurator went on to say that Freedom of Information requests wouldn't help as such information is exempt.

OK this is about 'extreme pornography' where there's a very sound case for controls but surely the Government should set out some guidance as to what it does and does not consider to be 'extreme'?



Phil Ruse said...

"Quick - remove all the speed limit road signs - we could make a fortune!"

Anonymous said...


Couple of things, in Scottish law (as I recall) cases are tried individually, there is no precedence as there is in English law (where you can cite other cases to support defence or prosecution cases.)

Which is why what the PF and SCO are saying isn't actually that bad a thing, our system of law isn't as arbitrary as the English system. Cases are tried on their individual merits (or lack there-of) for example: an arbitrary system wouldn't take into consideration a married couple engaging in consensual bondage sessions, it would be illegal regardless of consent. In Scotland, it would be considered.

The PF & SCO not specifying where the line is exactly also keeps the criminals on their toes.