Legislation – Police, Crime, Sentencing and Courts Act 2022
PART 3Public order
Public nuisance
78Intentionally 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 12 months, 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
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.