Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 78 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 3Public order
Public nuisance
I1I278Intentionally or recklessly causing public nuisance
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.
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.
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 mentioned in paragraph (a) of that subsection.
4
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court, to a fine or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both.
5
In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court power to impose imprisonment) the reference in subsection (4)(a) to F2the general limit in a magistrates’ court is to be read as a reference to 6 months.
6
The common law offence of public nuisance is abolished.
7
a
any act or omission which occurred before the coming into force of those subsections, or
b
any act or omission which began before the coming into force of those subsections and continues after their coming into force.
8
This section does not affect—
a
the liability of any person for an offence other than the common law offence of public nuisance,
b
the civil liability of any person for the tort of public nuisance, or
c
the ability to take any action under any enactment against a person for any act or omission within subsection (1).
9
In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.