ENGLISH COMMON LAW OFFENCE OF ' ' OUTRAGING PUBLIC DECENCY ' ' . THESE WORDS CONVEY , ACCORDING TO THE STATEMENT , A SINGLE IDEA , THAT OF OFFENDING AGAINST RECOGNIZED STANDARDS OF PROPRIETY , ' ' INDECENT ' ' BEING AT THE LOWER END OF THE SCALE , AND ' ' OBSCENE ' ' AT THE UPPER END .
7 THE SECOND CRITERION , REFERRED TO IN THE STATEMENT AS ' ' STANDARD B ' ' , RELATES TO THE WORD ' ' OBSCENE ' ' AS USED ALONE IN THE OBSCENE PUBLICATIONS ACTS , 1959 AND 1964 , ( WHICH APPLY TO ENGLAND AND WALES ONLY ) AND IN DESCRIBING THE AMBIT OF CERTAIN COMMON LAW OFFENCES IN ENGLAND AND WALES , SCOTLAND AND NORTHERN IRELAND . ACCORDING TO THE STATEMENT , THIS WORD APPLIES TO A MORE RESTRICTED CLASS OF MATERIAL , NAMELY THAT WHICH TENDS TO ' ' DEPRAVE AND CORRUPT ' ' THOSE EXPOSED TO THE MATERIAL .
8 THE OBSCENE PUBLICATIONS ACTS , 1959 AND 1964 , CREATE CERTAIN OFFENCES IN REGARD TO THE PUBLICATION OF OBSCENE ARTICLES BUT EXCLUDE FROM THEIR FIELD OF APPLICATION ' ' OBSCENE ARTICLES ' ' , AS DEFINED THEREIN , IF THEIR PUBLICATION IS JUSTIFIED ON THE GROUND THAT IT IS IN THE INTERESTS OF SCIENCE , LITERATURE , ART OR LEARNING OR OTHER OBJECTS OF GENERAL CONCERN .
9 THE MERE POSSESSION , FOR NON-COMMERCIAL PURPOSES , OF ARTICLES WHICH OFFEND AGAINST EITHER STANDARD A OR STANDARD B IS NOT A CRIMINAL OFFENCE IN ANY PART OF THE UNITED KINGDOM .
10 THE RELEVANT PROVISIONS CONCERNING THE IMPORTATION OF PORNOGRAPHIC ARTICLES ARE SECTION 42 OF THE CUSTOMS CONSOLIDATION ACT , 1876 , AND SECTION 304 OF THE CUSTOMS AND EXCISE ACT , 1952 . THEY APPLY THROUGHOUT THE UNITED KINGDOM . PUT SHORTLY , THEY PROVIDE THAT INDECENT OR OBSCENE ARTICLES ARE LIABLE FOR FORFEITURE AND DESTRUCTION UPON ARRIVAL IN THE UNITED KINGDOM AND THAT WHOEVER ATTEMPTS FRAUDULENTLY TO BRING SUCH ARTICLES INTO THE UNITED KINGDOM SHALL BE GUILTY OF AN OFFENCE . THE SEVENTH SCHEDULE TO THE CUSTOMS AND EXCISE ACT , 1952 , PROVIDES A PROCEDURE FOR TESTING BEFORE A COURT THE LIABILITY OF GOODS TO FORFEITURE .
FIRST QUESTION
11 THE FIRST QUESTION ASKS WHETHER A LAW OF A MEMBER STATE WHICH PROHIBITS THE IMPORT INTO THAT STATE OF PORNOGRAPHIC ARTICLES IS A MEASURE HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION ON IMPORTS WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
12 THAT ARTICLE PROVIDES THAT ' ' QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT ' ' SHALL BE PROHIBITED BETWEEN MEMBER STATES . IT IS CLEAR THAT THIS PROVISION INCLUDES A PROHIBITION ON IMPORTS INASMUCH AS THIS IS THE MOST EXTREME FORM OF RESTRICTION . THE EXPRESSION USED IN ARTICLE 30 MUST THEREFORE BE UNDERSTOOD AS BEING THE EQUIVALENT OF THE EXPRESSION ' ' PROHIBITIONS OR RESTRICTIONS ON IMPORTS ' ' OCCURRING IN ARTICLE 36 .
13 THE