Outraging public decency

Outraging public decency

Outraging public decency is a common law offence in England and Wales.[1] As a common law offence it is punishable by unlimited imprisonment and/or an unlimited fine.[1]

Contents

History

Definition

Modern case law has established two elements that must be satisfied for the offence to be committed:[2][3]

  1. The act was of such a lewd character as to outrage public decency; this element constituted the nature of the act which had to be proved before the offence could be established, and
  2. it took place in a public place and must have been capable of being seen by two or more persons who were actually present, even if they had not actually seen it.

Usage

The offence is currently prosecuted around 400-500 times per year.[2][4]

References

  1. ^ a b Halsbury's Laws of England 5th edition, volume 26, paragraph 717
  2. ^ a b "Simplification of Criminal Law: Public Nuisance and Outraging Public Decency (Consultation Paper No 193)". Law Commission. http://www.justice.gov.uk/lawcommission/docs/cp193_Simplification_Public_Nuisance_Consultation.pdf. Retrieved 14 July 2011. 
  3. ^ [2007] EWCA Crim 2062, [2008] QB 224 para 21 (CA)
  4. ^ Common Law Offences Charged and Reaching a first hearing in Magistrates' Courts, Crown Prosecution Service

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