Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Child pornography
T2 - balancing substantive and evidential law to safeguard children effectively from abuse
AU - Gillespie, Alisdair
PY - 2005
Y1 - 2005
N2 - 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.
AB - 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.
KW - Child pornography
KW - Child abuse
KW - Pornography
KW - Child sexual abuse
KW - Criminal justice administration
KW - Public Order
KW - Safety activities
M3 - Journal article
VL - 9
SP - 29
EP - 49
JO - International Journal of Evidence and Proof
JF - International Journal of Evidence and Proof
SN - 1365-7127
IS - 1
ER -