The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was heard along with the case of Budimir. Citations: [2010] EWHC 1604 … Continue reading Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010
Challenge to refusal to classify computer game. Citations: [2007] EWHC 3198 (Admin) Links: Bailii Statutes: Video Recordings Act 1984 4 Jurisdiction: England and Wales Media Updated: 09 August 2022; Ref: scu.271185
Whether a video game required licensing certificate. Judges: Mitting J Citations: [2008] EWHC 203 (Admin), [2008] 1 WLR 1658, [2008] ACD 41 Links: Bailii Statutes: Video Recordings Act 1984 4A Media Updated: 25 July 2022; Ref: scu.343931
Where a video might expose certain possible viewers of it to harm because of its content, that factor could be allowed for in the decision whether to grant or withhold a certificate, but could not lead to an automatic refusal of such a certificate. The inability to quantify the number of minors who might see … Continue reading Regina v Video Appeals Committee of British Board of Film Classification (ex parte British Board of Film Classification): Admn 16 May 2000
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
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The applicant had been refused a certification certificate for his video ‘Visions of Ecstasy’ on the basis that it infringed the criminal law of blasphemy. The Court found that the offence was prescribed by law and served the legitimate aim of protecting the rights of others. Held: The provision of a system which would allow … Continue reading Wingrove v The United Kingdom: ECHR 25 Nov 1996
A computer disk containing moving pictures was liable to registration as video. Citations: Times 09-May-1995 Statutes: Video Recordings Act 1984 2(2) Crime Updated: 09 April 2022; Ref: scu.82744
An employee’s actual knowledge of and information about the age of a video purchaser could properly be imputed to his employer company. Gazette 07-Apr-1993, Times 16-Feb-1993, [1993] 1 WLR 1037 Video Recordings Act 1984 11(1) 11(2)(b) England and Wales Cited by: Cited – Interfact Ltd and Another v Liverpool City Council Admn 23-May-2005 The defendants, … Continue reading Tesco Stores Ltd v Brent London Borough Council: QBD 16 Feb 1993
The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had had to be repealed and re-enacted in the 2010 Act. Held: Leave was refused. … Continue reading Regina v Budimir and Another: CACD 29 Jun 2010
The claimant sought judicial review of his convictions under the 1984 Act. It had since become clear that the Act infringed certain European Laws. . .
Please note (June 2010: that these law-bytes will soon (but not very soon and slowly) be re-organised, and re-posted within the main swarb.co.uk law-blog. This will allow much more powerful crosslinking for users between the various pages. All the existing pages will be left in place, but only the replacements will be updated. Eventually all … Continue reading law-bytes
A DNA sample had been wrongfully retained after the suspect had been acquitted, and the sample had been used in a later investigation to identify him. A subsequent sample had been taken, and the result of that second test had been used as evidence at trial. The defendant objected, and claimed that it had been … Continue reading Attorney General’s Reference (No 3 of 1999) (Lynn): HL 15 Dec 2000
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently detailed, and that the police had acted in breach of his article 8 rights in obtaining evidence by surveillance since … Continue reading Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012
