CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 83A
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 83A
83A—Proof of classification by consent
(1) Subject to
subsection (2), if a person is charged with an offence against this Act,
the prosecution may, prior to the trial of the matter, serve on the defendant
a notice under this section.
(2) This section does
not apply where the offence with which a person is charged involves an
allegation that a film, publication or computer game was unclassified but
would, if classified, be classified at a classification other than X 18+
or RC.
(3) A notice under
this section must—
(a) set
out—
(i)
the title or apparent title (if any) of the film,
publication or computer game the subject of the notice; and
(ii)
particulars of the offence in relation to which the
notice is served; and
(b)
state that the defendant (or his or her legal representative) is entitled to
view the film, publication or computer game; and
(c)
invite the defendant to indicate, by completing and signing a statement to
that effect contained in the notice, that the defendant agrees that, on a
specified date, the film, publication or computer game—
(i)
was classified at the specified classification; or
(ii)
was unclassified but would, if classified, have been of
the specified classification; or
(iii)
was unclassified,
(as the case may require); and
(d)
state that if the notice is not received, completed and signed by the
defendant, at the address specified in the notice within the period specified
in the notice (being not less than the prescribed period), the defendant will,
if found guilty of the offence in relation to which the notice is served, be
liable to pay an amount equal to—
(i)
if the offence in relation to which the notice is served
involves an allegation that, on a specified date, a film, publication or
computer game was unclassified but would, if classified, have been of a
particular classification—the fee for classification of the film,
publication or computer game; or
(ii)
if the offence in relation to which the notice is served
involves an allegation that, on a specified date, a film, publication or
computer game was classified at a particular classification or was
unclassified—the fee for obtaining a certificate of a kind described in
section 83 specifying the classification of the film, publication or
computer game at that date or stating that the film, publication or computer
game was unclassified at that date.
(4) A person served
with a notice under this section (or the person's legal representative) must,
on making a written request to the prosecution within 14 days from the date of
service of the notice, be allowed to view the film, publication or computer
game the subject of the notice at a time and place fixed by the prosecution.
(5) In proceedings for
an offence against this Act, an apparently genuine document purporting to be a
notice under this section containing a statement, completed and signed by the
defendant, that the defendant agrees that, on a specified date, the film,
publication or computer game—
(a) was
classified at a specified classification; or
(b) was
unclassified but would, if classified, have been of a specified
classification; or
(c) was
unclassified,
will constitute sufficient proof of the matter so agreed without other
evidence (in the absence of evidence that the document is not a notice under
this section completed and signed by the defendant).
(a) a
person served with a notice under this section fails to deliver the notice,
duly completed and signed, to the address specified in the notice within the
period specified in the notice; and
(b) the
person is found guilty of the offence in relation to which the notice was
served,
the prosecution is entitled, on application to the court making the finding of
guilt, to recover from the person an amount equal to the fee described in the
notice.
(7) In proceedings in
which an application referred to in subsection (6) is made, a certificate
signed, or purporting to be signed, by the Commissioner of Police and
stating—
(a) that
a person was served with a notice set out in the certificate and failed to
deliver the notice, duly completed and signed, to the address specified in the
notice within the period specified in the notice; and
(b) that
a specified amount was paid as the fee described in the notice,
is evidence of, and in the absence of evidence to the contrary is proof of,
the facts stated in it.
(8) If—
(a) a
notice is served under this section in relation to an offence involving an
allegation that, on a specified date, a film, publication or computer game was
unclassified but would, if classified, have been of a specified
classification; and
(b) the
person served with the notice fails to deliver the notice, duly completed and
signed, to the address specified in the notice within the period specified in
the notice; and
(c) the
film, publication or computer game is subsequently classified at a higher
classification than the classification specified in the notice,
this section applies as if the notice had specified that higher
classification.
(9) In this
regulation—
"prescribed period" means 14 days from the date of service of the notice or,
if the person served with the notice (or the person's legal representative)
requests that he or she be allowed to view the film, publication or computer
game the subject of the notice, 14 days from the time fixed by the prosecution
for the viewing of the film, publication or computer game.