just a sec... what?
@ Ted Treen: Nope that's 100% wrong. The law as its written depends on the police to interpret and apply it, obvious if you took a second to think about it. Unlawful violence? behaviour that is not orderly? "Dishonest" appropriation? All offences that cannot be enforced without interpretation.
@ Richard: As someone has already implied - If a court orders you to do something unlawful should you comply even though it is YOU not the court that is committing an offence by complying?
@ Graham Marsden ... The cops are there to ENFORCE the laws as well. If, as this case may be, a judge orders you to break a law how does that work?
@ John Murgatroyd: When they come for your warez just tell them its priviledged and they should take your word for it?
The interesting thing here is the protection of expert witnesses from prosecution when they have images the posession of which is an offence of strict liability. I'll try and explain the salient point of this story, some people seem to have missed it.
If you have kiddie porn in your possession you commit an offence. End of
You MAY have a defence IF you have the porn because you are either the police/cps/court and it is evidence in a court case.
Or you are an expert acting on behalf of the court as part of a court case.
What's happened here is that the "expert" is no longer an expert. So can/should he still be able to avail of that defence?
Distributing kiddie porn is an offence as well. The only defence being you were giving it to the police/cps/court/expert working for the court.
And if this guy no longer fits that catagory....
No one tell the porn mongers - all you have to do is lie about your credentials and give evidence and then you get to keep the kiddie porn risk free!