Public nuisance—general principles

Published by a ��ɫ�� Environment expert

Practice notes

Public nuisance—general principles

Published by a ��ɫ�� Environment expert

Practice notes

Public nuisance

The Common law offence of public nuisance was abolished by section 78 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) and replaced by the statutory offence of intentionally or recklessly causing serious harm to the public. However, the common law offence of public nuisance technically continues to apply to offences committed prior to PCSCA 2002, s 78 coming into force, or which began before the coming into force of PCSCA 2022, s 78 and continue after the coming into force of PCSCA 2022, s 78. It is however very unlikely that the common law offence will be used to prosecute an offence. See: Public nuisance under common law.

Common law public nuisance remains a tort in civil law and PCSCA 2022, s 78(8) notes that the statutory offence does not affect liability under that tort.

Statutory offence of intentionally or recklessly causing a public nuisance

Although PCSCA 2022 does not, within its text, expressly refer to ‘public nuisance’, it nevertheless places the offence of public nuisance into statute. The sub-heading for the section is entitled:

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Jurisdiction(s):

United Kingdom

Key definition:

General Principles definition

What does General Principles mean?

The Code is based upon six General Principles, essentially statements of standards of commercial behaviour. These General Principles are the same as the general principles set out in Article 3 of the takeover Directive. They are expressed in broad general terms and the Code does not define the precise extent of, or the limitations on, their application. They are applied in accordance with their spirit in order to achieve their underlying purpose.

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