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public nuisance and outraging public decency - Law Commission

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Summary: Analysis & Evidence<br />

Policy Option: 4 Description: Abolish the existing offences without replacement<br />

COSTS<br />

BENEFITS<br />

ANNUAL COSTS<br />

One-off (Transition) Yrs<br />

£ Negligible<br />

Average Annual Cost<br />

(excluding one-off)<br />

Description <strong>and</strong> scale of key monetised costs by ‘main<br />

affected groups’<br />

The abolition of these offences might lead to an increase in the<br />

use of other procedures.<br />

£ Total Cost (PV) £<br />

Other key non-monetised costs by ‘main affected groups’<br />

Prosecutors would be limited to using narrow <strong>and</strong> specialised offences <strong>and</strong> procedures, which do<br />

not adequately reflect the scope or the gravity of the more serious <strong>and</strong> flagrant instances of<br />

misbehaviour, <strong>and</strong> may not keep up with innovations in anti-social behaviour.<br />

ANNUAL BENEFITS<br />

One-off Yrs<br />

£<br />

Average Annual Benefit<br />

(excluding one-off)<br />

Description <strong>and</strong> scale of key monetised benefits by ‘main<br />

affected groups’<br />

There would be a saving of the cost of anything up to a thous<strong>and</strong><br />

prosecutions in each year, partially offset by the use of other<br />

procedures.<br />

£ Total Benefit (PV) £<br />

Other key non-monetised benefits by ‘main affected groups’<br />

Defendants would not be prosecuted for offences of uncertain scope which target negligent or<br />

inadvertent behaviour (this benefit is common to options 2, 3 <strong>and</strong> 4)<br />

Key Assumptions/Sensitivities/Risks<br />

Key assumption: statistics provided by the CPS <strong>and</strong> local authorities are correct <strong>and</strong> representative.<br />

Risk: that some perpetrators of wilful or persistent misbehaviour would remain unprosecuted, or be<br />

prosecuted for minor offences that do not reflect the seriousness of what occurred.<br />

Price Base<br />

Year<br />

Time Period<br />

Years<br />

Net Benefit Range (NPV)<br />

£<br />

79<br />

NET BENEFIT (NPV Best estimate)<br />

£<br />

What is the geographic coverage of the policy/option?<br />

On what date will the policy be implemented?<br />

Engl<strong>and</strong> <strong>and</strong> Wales<br />

Which organisation(s) will enforce the policy? Courts, prosecutors<br />

What is the total annual cost of enforcement for these organisations? £ Negligible<br />

Does enforcement comply with Hampton principles? Not applicable<br />

Will implementation go beyond minimum EU requirements? Not applicable<br />

What is the value of the proposed offsetting measure per year? £ Not applicable<br />

What is the value of changes in greenhouse gas emissions? £ Not applicable<br />

Will the proposal have a significant impact on competition? No<br />

Annual cost (£-£) per organisation<br />

(excluding one-off)<br />

Micro Small Medium Large<br />

Are any of these organisations exempt? Yes/No Yes/No N/A N/A<br />

Impact on Admin Burdens Baseline (2005 Prices)<br />

(Increase - Decrease)<br />

Increase of £ Decrease of £ Net Impact £ None anticipated

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