«(4) No person shall be proceeded against in respect of a performance of a play or anything said or done in the course of a performance --(a) for
an offence at common law where it is of the essence of the offence that the performance or, as the case may be, what was said or done was obscene, indecent, offensive, disgusting or injurious to morality.»
Not exact matches
A civil
law lawyer has suggested that the
common law is more
at risk of thinking it needs provisions like this proposed bill, because it is more inclined than civil
law to be specific about how
offences are committed, and thus more likely to say or imply that one medium of communication rather than another is needed to commit them.
An issue which arose in Norris v Government of the United States of America [2007] EWHC 71 (Admin), [2007] 2 All ER 29 — alleged price - fixing by Morgan Crucible and its former CEO Ian Norris being extradited to the US — was whether there was any
offence at English
common law of price - fixing before EnA 2002, s 188 came into effect.
It is
common practice for peace bonds to be used in some domestic violence courts in Alberta where the defendant has been charged with a domestic violence - related
offence that is relatively minor and there is a low risk of reoffending, if he is willing to accept responsibility for the
offence and undergo counselling (see e.g. Leslie Tutty and Jennifer Koshan, «Calgary's Specialized Domestic Violence Court: An Evaluation of a Unique Model» (2013) 50 Alberta
Law Review 731
at 745).
Nevertheless, some
at least of the
common law offence will survive, and if the Bill becomes
law in its present form, then the procedural limitations in the 1961 Act will have been removed.