Odger's English Common Law

UNNATURAL OFFENCES. 227
By the Criminal Law Amendment Act, 1885, 1 it is a misdemeanour
punishable by imprisonment for two years for a
male person either in public or private to commit, or to be a
party to the commission of, or to procure or attempt to procure
the commission by any male person of, any act of gross
indecency with another male person.
By the Punishment of Incest Act, 1908, 2 any male, who
has carnal knowledge of his granddaughter, daughter, sister
or mother either with or without her consent, is guilty of a
misdemeanour punishable with penal servitude for seven
years. It is also a misdemeanour punishable with two years'
imprisonment for any male to attempt to commit such
offence. 8 Any female over sixteen, who " with consent
permits " such intercourse with her grandfather, father,
brother or son, is also guilty of a misdemeanour and liable
to the same punishment. 4
These offences are within the
Yexatious Indictments Act, 1859. 5 No prosecution can be
commenced, except by the Director of Public Prosecutions,
without the leave of the Attorney-General.
None of the above offences, except those under section 62
of 24 & 25 Yict. c. 100, 6 are triable at Quarter Sessions.
Obscene Publications.
It is a misdemeanour punishable on indictment or informa-
tion to publish obscene and immoral books and pictures. Such
an act is destructive of the public morality though it may
not reflect on any particular person, and as such it is punish-
able at common law. 7
Similarly it is a crime to speak vicious and immoral words,
provided they be uttered publicly in the hearing of many
persons ; otherwise there is no detriment to the general
public.
These offences can be tried at Quarter Sessions. The punishment may be
either fine or imprisonment for a term of any length, and either with or
1 48 & 49 Vict. c. 69, s. 11.
2 8 Edw. VII. c. 45.
8 lb. s. 1.
1
lb. s. 2.
6 22 & 23 Vict. c. 17. Seepost, pp. 1121, 1122.
6 See notes 5 and 7 on p. 226.
' 11. v. Curl (1727), 2 Str. 788.
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