Recommendation 12

The essence of the public nuisance offence is causing harm to the public or a section of the public. However, as drafted, the offence is confusing and could be read as meaning the offence is committed where serious harm is caused to one person rather than the public or a section of the public. This does not achieve clarity for either the police or protesters. The current drafting also risks the offence being broader than the common law offence it replaces. The Bill must be amended to make clear that the offence of public nuisance will only be committed where serious harm is caused to the public or a section of the public.