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Fairer, clearer rules for public nuisance and outraging public decency

31 March 2010

Is it fair for a person to be liable for an offence that can carry a life sentence, if they didn’t intend to cause harm and weren’t reckless?

In a consultation launched today the Law Commission is asking whether the common law offences of public nuisance and outraging public decency are in need of reform.

Recent case law has tightened up the application of these historically broad and unclear areas. But the Law Commission is suggesting that clarity is still required around individuals’ intention to cause harm.

It is currently possible for someone to be guilty of causing public nuisance or outraging public decency without intending, or even being reckless as to, the effect of their actions on others. And the maximum penalty is life imprisonment.

In line with its aim to ensure that the law is fair, modern and accessible, the Law Commission is seeking feedback on the suggestions that:

- clearly defined fault elements should be introduced to the offences of public nuisance and outraging public decency,

- the prosecution must prove that the accused intended that their actions would cause damage or outrage, or were aware of the possibility and recklessly went ahead, and

- the offences should be given proper statutory definitions.

Professor Jeremy Horder, the Law Commissioner leading the project, said:

“For the law to be fair, it must be readily understood by ordinary people. We believe that the reforms we are suggesting would bring these offences into line with other crimes of similar gravity, make the law fairer and help people understand when they may be at risk of breaking the law.”

The consultation on public nuisance and outraging public decency falls under the Commission’s project to simplify the criminal law. The project aims to clarify the structure and modernise the language of criminal law, and make it more consistent and accessible to ordinary people.

The consultation is open until 30 June 2010. For more information and to contribute, visit: http://www.lawcom.gov.uk/current_consultations.htm



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