Clause 70
Criminal Justice and Immigration Bill
5:45 pm
Harry Cohen (Leyton and Wanstead, Labour)
I am sorry to delay proceedings, but I have come across an e-mail from a constituent on this issue. The clause will increase the maximum sentence for the publication of obscene articles from three years to five years. He writes:
“The Obscene Publications Act is rarely used but, when it is, defendants are invariably given a disproportionate sentence. I have evidence from several cases to support this claim. For example, in the well-known case of Stephane Perrin, he was sentenced to 30 months when found guilty of publishing a single obscene image. This change would have increased his sentence to nearly 5 years, a sentence reserved for crimes such as manslaughter, violent assault and drug dealing.
Current sentencing guidelines date back to the 1970s and there are no plans to review them.”
He then gives an example that predates video and the internet. The point is that the sentencing guideline is increasing the sentences without looking at comparisons across the board to see what would be appropriate in such cases.