Lancaster EPrints

Child pornography:balancing substantive and evidential law to safeguard children effectively from abuse

Gillespie, Alisdair (2005) Child pornography:balancing substantive and evidential law to safeguard children effectively from abuse. International Journal of Evidence & Proof, 9 (1). pp. 29-49. ISSN 1365-7127

Full text not available from this repository.

Abstract

The law relating to child pornography in the United Kingdom has, over recent years, changed dramatically. These changes have been brought about by both legislation and case law. This article critically analyses the consequences of these changes and, in particular, considers the probity of apparent reverse burdens of proof created by the legislation. When the right to a fair trial is being examined, it is usual to balance the rights of the individual defendant and the rights of society to expect a smooth-running criminal justice system. The balancing act in this field is more complicated because those who are the subject of abusive images are the most vulnerable members of society, and thus the balance struck must not unduly constrain law enforcement agencies, preventing them from tackling the exploitation and abuse of children.

Item Type: Article
Journal or Publication Title: International Journal of Evidence & Proof
Uncontrolled Keywords: Child pornography ; Child abuse ; Pornography ; Child sexual abuse ; Criminal justice administration ; Public Order ; Safety activities
Subjects: K Law
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 58833
Deposited By: ep_importer_pure
Deposited On: 04 Oct 2012 14:53
Refereed?: Yes
Published?: Published
Last Modified: 21 Mar 2013 15:45
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/58833

Actions (login required)

View Item