s Act 1942. In so far as it
represents a general attitude it seems out of date now that the
matters referred to are discussed with far less reticence than when
the Act was passed. The reference to drugs or methods for procuring
abortion or miscarriage in the later part of the section might be
retained, but it belongs more properly in the Crimes Act or the
Police Offences Act.
"(2) At present section 157 of the Crimes Act overlaps the
provisions of the Indecent Publications Act 1910, and the tests it
lays down are expressed in very different language. This section is
little used, but it seems undesirable that there should be two
different tests for what is really the same offence. We recommend
the repeal of section 157 in so far as its subject matter overlaps
the Indecent Publications Act 1910.
"(3) If the legislation is rewritten, we suggest that consideration
be given to the incorporation in the Act of the 'dominant effect'
test laid down in an American case, the Ulysses case.
"The consolidation and rewriting of the existing legislation would
be of real benefit. The nature of the topic, however, demands that
any general consolidation should receive careful and even cautious
consideration. We do not think that in this matter urgent or speedy
action is called for."
The Committee has examined all of these suggestions and recommends that
they should receive the very favourable consideration of the Government.
Summary of Principal Conclusions and Recommendations
I. That the changes in the law which were regarded by the Mazengarb
Committee as calling for immediate action were duly and promptly
brought into being by the Government by and through its 1954 amendments
to the Indecent Publications Act 1910, the Child Welfare Act 1925, and
the Police Offences Act 1927.
II. That the changes made last year in the Indecent Publications Act
1910 have been to some extent effective and helpful. We recommend,
however, that consideration be given by Government to the redrafting of
the Indecent Publications Act 1910 and to the inclusion in any new
draft of the amendments suggested by the Department of Justice.
III. That it is clear that the suggestions made by the Mazengarb
Committee for administrative action by certain named Government
Departments along the lines indicated by that Committee have
been sympathetically studied by the severa
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