to
classification function from the general issue of deciding on criminal culpability because it would be unreasonable expect prosecution and defence to prepare their full case relation to a subject publication within one or two days.
21
assessors
by
in
Furthermore, there is a danger that the use of
in the manner
would envisaged
be seen magistrates as a derogation of their judicial powers and adverse reflection on their ability. As to assessors general, a Judiciary report in 1984 raised serious doubts about the efficacy of the lay assessor system. Problems identified in this report included a reluctance by assessors to participate actively, difficulties in obtaining their services, and the fact that only a small number of assessors approached their duties conscientiously.
Option III Access and sale conditions
22
-
a
So far most attention has been paid to devising less subjective means of reflecting community values on matters of obscenity. But it is also important to consider the practical question of protecting juveniles through some form of control over the manner in which such publications are sold. As a further option, or possible complement to the modified assessor scheme, one method has been suggested under which the Registrar of Newspapers (i.e. the Secretary for Administrative Services and Information) would be empowered to publish in the gazette a list of publications deemed not suitable to be read by persons below the age of 18.
23
The distributor of such publications would then be required, under his distributor's licence, to comply with certain access and sale
and sale conditions. These conditions could stipulate that such publications may only be made available for sale (a) in shop premises and not in newspaper stalls in public places; (b) in sealed wrappers; and (c) with a notice on the wrapper that they are not to be sold to persons below
As the age of 18.
the
contents editorial policy or
of a publication may change, a distributor would be free to apply in writing to the Registrar for deletion of any title on the list on production of sufficient explanation and evidence. The Registrar would be empowered to amend the list, thereby removing the obligation of a distributor to comply with those conditions applicable to restricted publications.
24
Under this proposal, any distributor in breach of the access and sale conditions would be liable on conviction to a fine of $10,000 or imprisonment for three months, and any person who sells this class of magazine to persons below the age of 18 would be liable on conviction to a fine of $3,000 or imprisonment of one month.
SNFIDENTIAL