public nuisance and outraging public decency - Law Commission

Summary: Analysis & Evidence
Policy Option: 3 Description: Abolish the existing offences and create new statutory
offences
COSTS
BENEFITS
ANNUAL COSTS
One-off (Transition) Yrs
£ Small 1-2
Average Annual Cost
(excluding one-off)
Description and scale of key monetised costs by ‘main
affected groups’
The creation of new offences might generate initial uncertainty and
some increased litigation while the boundaries are tested.
Otherwise, effects are the same as for option 2.
£ Negligible Total Cost (PV) £
Other key non-monetised costs by ‘main affected groups’
The main suggestion so far for a statutory formula (“act not warranted by law or omission to
discharge a legal duty”) might complicate the law rather than simplifying it. We propose to work
on devising an alternative formula that would avoid this problem.
ANNUAL BENEFITS
One-off Yrs
£
Average Annual Benefit
(excluding one-off)
Description and scale of key monetised benefits by ‘main
affected groups’
As for option 2
£ Total Benefit (PV) £
Other key non-monetised benefits by ‘main affected groups’
As for option 2. Also, full codification leads to greater legal certainty in the long run and saves the
need for further work if it is later decided to codify the criminal law as a whole.
Key Assumptions/Sensitivities/Risks
Key assumption: that we shall be able to devise a statutory formula which accurately represents the
current law, as modified by our proposals on fault. Risk: that the definition of the act or omission
causing the common injury would create an extra hurdle.
Price Base
Year
Time Period
Years
Net Benefit Range (NPV)
£
78
NET BENEFIT (NPV Best estimate)
£
What is the geographic coverage of the policy/option?
On what date will the policy be implemented?
England and Wales
Which organisation(s) will enforce the policy? Courts, prosecutors
What is the total annual cost of enforcement for these organisations? £ Negligible
Does enforcement comply with Hampton principles? Not applicable
Will implementation go beyond minimum EU requirements? Not applicable
What is the value of the proposed offsetting measure per year? £ Not applicable
What is the value of changes in greenhouse gas emissions? £ Not applicable
Will the proposal have a significant impact on competition? No
Annual cost (£-£) per organisation
(excluding one-off)
Micro Small Medium Large
Are any of these organisations exempt? Yes/No Yes/No N/A N/A
Impact on Admin Burdens Baseline (2005 Prices)
(Increase - Decrease)
Increase of £ Decrease of £ Net Impact £ None anticipated