Children and Young Persons (Harmful Publications) Act 1955
Encyclopedia
The Children and Young Persons (Harmful Publications) Act 1955 (c.28) is an Act of Parliament
of the United Kingdom Parliament that prohibited comics
that were thought to be harmful to children. The Act was introduced by the Home Secretary, Gwilym Lloyd George
(a son of former prime minister David Lloyd George
), in response to the publication of horror comics
which had become popular by the 1950s. This issue was drawn to the attention of Parliament by the National Union of Teachers
and by the Archbishop of Canterbury
, Geoffrey Fisher
.
"Child or young person" means someone aged under 18.
Section 2(1) made it a criminal offence in England and Wales
and Scotland
to print, publish, sell or let on hire such a comic, or to possess one for the purpose of selling or letting it. The offence is punishable by imprisonment for up to 4 months or a £1,000 fine (increased from £100 in 1975 (Scotland) and 1982 (England)).
The offence was originally triable before a jury
. However it is today a summary offence
.
Section 2(2) requires the consent of the Attorney General
to prosecute the offence in England and Wales.
Section 3 gives the courts the power to issue search warrant
s and to order forfeiture
of harmful publications.
Section 4, the only section of the Act that applies to Northern Ireland
, prohibits the importation of harmful publications into the United Kingdom. The prohibition also applies to "any plate prepared for the purpose of printing copies of any such work and any photographic film prepared for that purpose." Section 4 is the origin of the Royal Mail
prohibition against mailing horror comics
and the matrices
used to print them. To contravene the section is an offence under the Customs and Excise Management Act 1979, punishable with up to 7 years' imprisonment.
Section 5 includes "No provision of this Act, other than the provisions of the last foregoing section, shall extend to Northern Ireland." It also originally included a sunset clause
under which the Act was to expire on 31 December 1965, unless Parliament decided otherwise. The Expiring Laws Act 1969 made the Act permanent.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the United Kingdom Parliament that prohibited comics
Comics
Comics denotes a hybrid medium having verbal side of its vocabulary tightly tied to its visual side in order to convey narrative or information only, the latter in case of non-fiction comics, seeking synergy by using both visual and verbal side in...
that were thought to be harmful to children. The Act was introduced by the Home Secretary, Gwilym Lloyd George
Gwilym Lloyd George, 1st Viscount Tenby
Major Gwilym Lloyd George, 1st Viscount Tenby PC TD was a British politician and cabinet minister. A younger son of Prime Minister David Lloyd George, he served as Home Secretary from 1954 to 1957....
(a son of former prime minister David Lloyd George
David Lloyd George
David Lloyd George, 1st Earl Lloyd-George of Dwyfor OM, PC was a British Liberal politician and statesman...
), in response to the publication of horror comics
Horror comics
Horror comics are comic books, graphic novels, black-and-white comics magazines, and manga focusing on horror fiction. Horror comic books reached a peak in the late 1940s through the mid-1950s, when concern over content and the imposition of the self-censorship Comics Code Authority contributed to...
which had become popular by the 1950s. This issue was drawn to the attention of Parliament by the National Union of Teachers
National Union of Teachers
The National Union of Teachers is a trade union for school teachers in England, Wales, the Channel Islands and the Isle of Man. It is a member of the Trades Union Congress...
and by the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
, Geoffrey Fisher
Geoffrey Fisher
Geoffrey Francis Fisher, Baron Fisher of Lambeth, GCVO, PC was Archbishop of Canterbury from 1945 to 1961.-Background:...
.
Provisions
Section 1 defined the kind of publication which the Act was intended to deal with. It applied to:"...any book, magazine or other like work which is of a kind likely to fall into the hands of children or young persons and consists wholly or mainly of stories told in pictures (with or without the addition of written matter), being stories portraying— the commission of crimes; or acts of violence or cruelty; or incidents of a repulsive or horrible nature;
in such a way that the work as a whole would tend to corrupt a child or young person into whose hands it might fall."
"Child or young person" means someone aged under 18.
Section 2(1) made it a criminal offence in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
to print, publish, sell or let on hire such a comic, or to possess one for the purpose of selling or letting it. The offence is punishable by imprisonment for up to 4 months or a £1,000 fine (increased from £100 in 1975 (Scotland) and 1982 (England)).
The offence was originally triable before a jury
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
. However it is today a summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
.
Section 2(2) requires the consent of the Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
to prosecute the offence in England and Wales.
Section 3 gives the courts the power to issue search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
s and to order forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
of harmful publications.
Section 4, the only section of the Act that applies to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, prohibits the importation of harmful publications into the United Kingdom. The prohibition also applies to "any plate prepared for the purpose of printing copies of any such work and any photographic film prepared for that purpose." Section 4 is the origin of the Royal Mail
Royal Mail
Royal Mail is the government-owned postal service in the United Kingdom. Royal Mail Holdings plc owns Royal Mail Group Limited, which in turn operates the brands Royal Mail and Parcelforce Worldwide...
prohibition against mailing horror comics
Horror comics
Horror comics are comic books, graphic novels, black-and-white comics magazines, and manga focusing on horror fiction. Horror comic books reached a peak in the late 1940s through the mid-1950s, when concern over content and the imposition of the self-censorship Comics Code Authority contributed to...
and the matrices
Matrix (printing)
In hot metal typesetting, a matrix is a mold for casting a letter, known as a sort, used in letterpress printing....
used to print them. To contravene the section is an offence under the Customs and Excise Management Act 1979, punishable with up to 7 years' imprisonment.
Section 5 includes "No provision of this Act, other than the provisions of the last foregoing section, shall extend to Northern Ireland." It also originally included a sunset clause
Sunset provision
In public policy, a sunset provision or clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law...
under which the Act was to expire on 31 December 1965, unless Parliament decided otherwise. The Expiring Laws Act 1969 made the Act permanent.