Page:Criminal Law Act 1977.pdf/45

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 * (a) in the case of any proceedings under this section for publishing an obscene article, the publication in respect of which the defendant would be charged if the proceedings were brought; and
 * (b) in the case of any proceedings under this section for having an obscene article for publication for gain, the publication which, if the proceedings were brought, the defendant would be alleged to have had in contemplation.’”

(3) In section 2 of that Act after subsection (4) there shall be inserted the following subsection:—
 * “(4A) Without prejudice to subsection (4) above, a person shall not be proceeded against for an offence at common law—
 * (a) in respect of a cinematograph exhibition or anything said or done in the course of a cinematograph exhibition, where it is of the essence of the common law offence that the exhibition or, as the case may be, what was said or done was obscene, indecent, offensive, disgusting or injurious to morality; or
 * (b) in respect of an agreement to give a cinematograph exhibition or to cause anything to be said or done in the course of such an exhibition where the common law offence consists of conspiring to corrupt public morals or to do any act contrary to public morals or decency.”

(4) At the end of section 2 of that Act there shall be added the following subsection:—
 * “(7) In this section “cinematograph exhibition” means an exhibition of moving pictures produced on a screen by means which include the projection of light.”

(5) In section 3 of that Act (which among other things makes provision for the forfeiture of obscene articles kept for publication for gain) at the beginning of subsection (3) there shall be inserted the words "Subject to subsection (3A) of this section " and at the end of that subsection there shall be inserted the following subsection:-
 * (3A) Without prejudice to the duty of a court to make an order for the forfeiture of an article where section 1(4) of the Obscene Publications Act 1964 applies (orders made