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Atkins v Director Of Public Prosecutions, Court of Appeal - Administrative Court, March 08, 2000, [2000] EWHC Admin 302,[2000] 2 All ER 425,[2000] 1 WLR 1427,[2001] 1 WLR 1427


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Case No: CO/3417/99
CO/3002/99
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST
DIVISIONAL COURT
Royal Courts of Justice
Strand, London, WC2A 2LL

Wednesday 8 March 2000

B e f o r e :

LORD JUSTICE SIMON BROWN
and
MR JUSTICE BLOFELD

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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
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Miss Helen Malcolm (instructed by Offenbach & Co of London W1V 2BA Solicitors) appeared for the Appellant, Dr Atkins
Mr Peter Blair (instructed by Nile Arnall of Bristol BS1 5NA Solicitors) appeared for the Appellant, Mr Goodland
Mr Robert Davies (instructed by The Treasury Solicitor) appeared for the DPP

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Judgment
As Approved by the Court

Crown Copyright ©


Lord Justice Simon Brown: These two appeals by way of case stated raise a number of interesting and difficult questions as to the proper construction and application of the Protection of Children Act 1978 (the PCA) and s.160 of the Criminal Justice Act 1988 (the CJA), provisions concerned with indecent photographs of children.

Antony Rowan Atkins was convicted by the Avon Metropolitan Stipendiary Magistrate at Bristol Magistrates Court on 27 May 1999 of 10 offences of having in his possession indecent photographs of children between specified dates in October 1997 contrary to s.160(1) of the CJA. On 25 May 1999 the Magistrate had upheld a submission that Dr Atkins had no case to answer in respect of 21 additional counts of making indecent photographs of children between the same dates contrary to s.1(1)(a) of the PCA. Dr Atkins appeals against his conviction on the 10 possession counts; the DPP appeals against Dr Atkins' acquittal on the 21 "making" counts.

Peter John Goodland was convicted by the Avon Justices at Bristol Magistrates Court on 21 April 1999 on one count of having in his possession on 5 November 1998 an indecent pseudo-photograph of a child contrary to s.160(1) of the CJA. He now appeals against that conviction.
Although the two appeals raise entirely different points (both coming by sheer chance from Bristol Magistrates Court), it has se...
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