Obscene Publications Act 1857 - Provisions of The Act

Provisions of The Act

The Act provided for the seizure and summary disposition of any material deemed to be obscene, and held for sale or distribution, following information being laid before a "court of summary jurisdiction" (a Magistrates' Court). The Act required that following evidence of a common-law offence being committed — for example, on the report of a plain-clothes policeman who had successfully purchased the material — the court could issue a warrant for the premises to be searched and the material seized. The proprietor then would be called upon to attend court and give reason why the material should not be destroyed. The Act also granted authority to issue search warrants for premises suspected of housing such materials.