Points 2 Prove
The Ultimate Police Handbook
Outraging Public Decency
Common Law
Public Order
Definition
Outraging public decency is when someone does something lewd, obscene or disgusting in the presence of at least two members of the public.
Points to Prove
- In public
- Any act of a lewd, obscene or disgusting nature
- Capable of being seen by two or more
- Any act of a lewd, obscene or disgusting nature
- Capable of being seen by two or more
Powers & Punishment
Up to unlimited imprisonment and/or fine
Offence Type
Case Law
Modern case law has established two elements that must be satisfied for the offence to have been committed:
- The act was of such a lewd character as to outrage public decency; this element constitutes the nature of the act, which has to be proved before the offence can be established, and
- The act 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 did not actually see it.
- The act was of such a lewd character as to outrage public decency; this element constitutes the nature of the act, which has to be proved before the offence can be established, and
- The act 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 did not actually see it.
Charging Codes
COML062
Crime Recording
PNC Recordable
Crime Report Required