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Wed Mar 17, 2021, 07:10 PM

The maximum sentence for putting someone at risk of suffering serious annoyance will be 10 years

under the new Police, Crime, Sentencing and Courts Bill:

If the new offence is enacted then the current ‘common law’ (that is, non-statutory) offence of public nuisance will be abolished.
...
The current law is usually stated as:

‘A person is guilty of a public nuisance (also known as common nuisance), who (a) does an act not warranted by law, or (b) omits to discharge a legal duty, if the effect of the act or omission is to endanger the life, health, property or comfort of the public, or to obstruct the public in the exercise or enjoyment of rights common to all Her Majesty’s subjects.’

The bill before parliament proposes that old offence to be replaced by this:



https://davidallengreen.com/2021/03/the-proposed-new-clause-59-offence-of-intentionally-or-recklessly-causing-public-nuisance/

or risk of "serious inconvenience", for that matter. The inconvenience or annoyance doesn't even have to happen - just the risk of it. Let's hope there are some Tories or Lords who'll block this catch-all "I don't like you" gift to the police.

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Reply The maximum sentence for putting someone at risk of suffering serious annoyance will be 10 years (Original post)
muriel_volestrangler Mar 2021 OP
marble falls Mar 2021 #1
Laelth Mar 2021 #2
tblue37 Mar 2021 #3
muriel_volestrangler Mar 2021 #4
Emrys Mar 2021 #5
LeftishBrit Mar 2021 #6

Response to muriel_volestrangler (Original post)

Wed Mar 17, 2021, 07:13 PM

1. Yikes. Don't let the GOP find out! We'll get it here.

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Response to muriel_volestrangler (Original post)

Wed Mar 17, 2021, 07:31 PM

2. I don't understand the purpose of this change.

The common law, presumably, works fine and is backed up by hundreds of years of jurisprudence. Why make this change?



-Laelth

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Response to Laelth (Reply #2)

Wed Mar 17, 2021, 07:41 PM

3. Perhaps against protesters?

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Response to Laelth (Reply #2)

Wed Mar 17, 2021, 07:56 PM

4. It may be to make it an offence if there is just a *risk* of serious inconvenience

rather than the police having to prove someone actually did suffer. This would enable them to shut down protests pretty much whenever they felt like it ("an ambulance might have needed to use this road. It doesn't matter that there's no ambulance within a mile. You're nicked" ) .

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Response to muriel_volestrangler (Original post)

Fri Mar 19, 2021, 12:31 PM

5. This looks like terrible lawmaking.

It's so broad an offence, which will inevitably lead to selective and partisan enforcement, that I expect early cases under it to be challenged in the highest courts if it passes.

Hell, the entire Cabinet could be hauled into clink repeatedly on its basis. They certainly severely annoy me in public every single day.

Indeed, the enactment of this law itself would appear to be an offence under its strictures!

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Response to muriel_volestrangler (Original post)

Fri Mar 19, 2021, 07:06 PM

6. Well, the Government CONSTANTLY put me at risk of suffering serious annoyance!

Shall we put Boris inside for 10 years for being annoying?

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