Intentionally or recklessly causing public nuisance Flashcards
Q: What did this offence abolish?
This offence got rid of the common law offence of public nuisance, which has now been abolished.
Q: What did Parliament intend with this offence?
To allow the police to deal with modern forms of protest such as environmental protestors targeting petrol stations on motorway junctions, obstruction of roads and blocking ambulances from reaching hospitals or halting public transport networks.
Measures are designed to balance the rights of protestors against the rights of others to go about their daily business and for the police to dedicate their resources to ensure public safety.
Q: What type of conduct does the 2022 Act attempt to prevent?
Offence captures conduct which causes serious harm, endangers the life, health, property or com-fort of the public, or obstructs the public in the exercise or enjoyment of rights common to the public.
Q: What is the offence of intentionally or recklessly public nuisance?
S78 Police, Crime, Sentencing and Courts Act 2022
(1) A person commits an offence if-
(a) The person-
(i) does an act, or
(ii) omits to do an act that they are required to do by any enactment or rule of law,
(b) the person’s act or omission—
(i) creates a risk of, or causes, serious harm to the public or a section of the public, or
(ii) obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and
(c) the person intends that their act or omission will have a consequence mentioned in paragraph (b) or is reckless as to whether it will have such a consequence
Q: What type of offence is this?
Triable either way offence
Maximum sentence of 10 years imprisonment and/or fine
Q: What does ‘serious harm’ mean?
S78(2) In subsection (1)(b)(i) ‘serious harm’ means—
(a) death, personal injury or disease,
(b) loss of, or damage to, property, or
(c) serious distress, serious annoyance, serious inconvenience or serious loss of amenity
Q: Summary of the offence- what elements are necessary for an offence?
Requires someone to do an act or fail to do an act that they are required to do.
The act or omission must cause or create a risk of serious harm to the public or a section of the public or obstruct the public or a section of it from exercising a public right eg: right to use public highway.
Such a consequence must be intended by the offender or they must at least be reckless as to that consequence.
Q: What are the essential elements of the offence?
1: Can be an Act or Omission
2: Needs to be at least a risk of serious harm to the public at large or a section of it (serious harm is widely defined)
3: The serious, disruptive consequence was either intended or reckless
Q: When is an act or omission considered to cause serious harm?
An act or omission is considered to cause serious harm if as a result, a person suffers serious dis-tress, serious annoyance, serious inconvenience, or serious loss of amenity.
Conduct might include nuisances such as producing excessive noise or offensive or dangerous behaviour in public
Q: Is there a defence?
Reasonable excuse defence under s78(3).
It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act or omission.
Q: Who will the burden of proof for proving the defence lie with?
The burden of proof is placed on D as the facts as to whether they have a reasonable excuse will be within their knowledge.
