Conspiracy to Commit Public Nuisance

Conspiracy to commit public nuisance is a serious offence under UK law that involves a group of people agreeing to cause harm, disruption, or obstruction to the public. Whether it's blocking roads, interfering with emergency services, or creating safety risks, this offence can lead to severe legal consequences, even if the nuisance doesn't actually happen.

If you're under investigation or have been charged with conspiracy to commit public nuisance, contact Moeen & Co. Solicitors at 0203 959 7755 for legal help.

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What Is Conspiracy to Commit Public Nuisance?

Conspiracy to commit public nuisance refers to a criminal agreement between two or more people to intentionally or recklessly cause a public nuisance.

The offence is now formally defined under Section 78 of the Police, Crime, Sentencing and Courts Act 2022. A person commits a public nuisance if:

• They cause serious harm to the public, or
• They create a risk of serious harm, or
• They obstruct the public from exercising their rights, whether intentionally or recklessly.

“Serious harm” can include physical injury, serious distress, financial loss, or even serious inconvenience to the public.

This offence focuses on planning or agreeing to take actions that would likely cause serious harm to the public or significantly interfere with public rights, whether or not the act actually takes place.

What Counts as a Public Nuisance?

A public nuisance is a criminal offence that involves doing something or failing to do something that endangers the life, health, property, comfort, or convenience of the general public or a section of it. Under UK law, this offence can apply to a wide range of behaviours, especially when they are repeated, deliberate, or reckless and affect more than one person.

Key Elements of the Conspiracy to Commit Public Nuisance Offence

To be charged with conspiracy to cause public nuisance, the following must apply:

1. Agreement Between Two or More People

There must be a shared understanding or plan between at least two individuals to carry out an act that causes a public nuisance. Even if the nuisance hasn't happened yet, the agreement itself can be enough for a charge.

2. Intentional or Reckless Behaviour

The people involved must act either deliberately or with awareness that their actions could cause significant disruption or harm. They don't need to have intended to cause a nuisance; being reckless about the potential consequences is enough.

3. Public Nuisance

The planned actions must risk causing serious harm or significantly interfering with public rights. This could involve endangering public health, damaging property, disturbing public peace, or obstructing access to roads or public services.

Examples of Conspiracy to Cause Public Nuisance

To better understand how this offence can apply in real life, here are some practical examples:

Coordinated Protest Actions

If a group of protesters agrees to block a major motorway or climb onto infrastructure (such as gantries or bridges), they could be charged with conspiracy to cause public nuisance, especially if their actions cause serious disruption to the public.

Environmental Activism

Recent cases, such as those involving Just Stop Oil activists, highlight how organised protest activities on motorways like the M25 have led to conspiracy charges. Some protesters were convicted, while others were acquitted depending on the specifics of their involvement.

Penalties for Conspiracy to Cause Public Nuisance

If you are found guilty of conspiracy to commit public nuisance, the maximum penalties are up to 10 years in prison, an unlimited fine, or both.

This applies when the case is tried in the Crown Court, which is likely for more serious incidents involving significant planning, risk, or disruption.

What Will the Court Consider When Sentencing?

Judges don't automatically hand out the maximum sentence, they look closely at the details of the case. Here are some of the main factors they take into account:

The Level of Planning Involved

• Was it a spontaneous idea or a well-organised operation?
• Did the defendants coordinate over time, recruit others, or prepare tools and equipment?

The Scale of Harm or Disruption

• Did the planned act put the public at risk?
• How many people were affected, and how badly?

The Intent or Recklessness

• Was there a deliberate aim to cause public disturbance or just a failure to consider the risks?

Whether the Nuisance Actually Happened

Even if the planned disruption didn't go ahead, the agreement to cause it is still a criminal offence, but if it was carried out, penalties could be more severe.

Can You Go to Prison Even If No One Was Hurt?

Yes. The law focuses on the agreement and intent, not just the outcome. That means you could face prison time even if the planned nuisance was stopped before it happened, or if it didn't cause harm in the end.

Do I Need a Solicitor If I've Just Been Questioned?

Absolutely. Even if you haven't been charged, early legal advice can protect your position and help prevent mistakes that might harm your case later on. Always seek advice before speaking to the police.

What to Do If You're Accused of Conspiracy to Cause Public Nuisance?

If you are accused of conspiracy to cause public nuisance, the first step is to contact Moeen & Co. Solicitors at 0203 959 7755 to get legal advice and understand the charges.

Our criminal defence solicitor can explain your legal rights, advise you on the best course of action, and help you understand the potential consequences of the charges.

If you've been arrested or are under investigation for conspiracy to cause public nuisance:

• Stay calm and do not panic: Many people make mistakes when speaking to the police without legal representation.
• Do not discuss the case with others: Even casual conversations can be used as evidence.
• Contact a solicitor immediately: This is essential for protecting your rights and starting your defence.

How to Defend Against Conspiracy to Commit Public Nuisance Charges

Facing a charge of conspiracy to commit public nuisance can be overwhelming, but with the right legal strategy, it's possible to challenge the case against you.

Here are some common and effective legal defences that a criminal defence solicitor might explore in your case:

• No Agreement: Prove there was no shared plan between parties.
• Lack of Intent: Show you didn't know about or intend to join the conspiracy.
• No Public Nuisance: Argue the planned act doesn't legally count as public nuisance.
• No Serious Harm or Risk: Demonstrate the action wouldn't cause serious public harm or obstruction.
• Duress: Claim you were forced or pressured into involvement.
• Human Rights: Defend your right to peaceful protest or free expression.
• Unlawful Evidence: Challenge any evidence obtained improperly.
• Mistaken Identity: Prove you were wrongly identified or not involved.

How Our Criminal Defence Solicitor Can Help

If you're being investigated or have been charged with conspiracy to cause public nuisance, it's vital to seek legal representation immediately. Our experienced criminal defence solicitor can:

• Review the evidence against you
• Challenge weak or circumstantial claims
• Represent you during interviews and in court
• Work to reduce charges or achieve a not-guilty verdict

These cases can be complex and often rely heavily on the interpretation of communication and intent, so early legal advice is essential.

Contact Our Criminal Defence Solicitors Today

If you're facing allegations of conspiracy to cause public nuisance, the consequences can be life-changing, but you don't have to face them alone.

At Moeen & Co. Solicitors, our experienced criminal defence solicitors are here to provide clear, honest advice and expert representation. We understand how stressful these situations can be, and we'll guide you every step of the way, from police interviews to court proceedings.

If you're facing allegations of conspiracy to cause public nuisance, contact our criminal defence solicitors at 0203 959 7755 for confidential legal advice.