Public Nuisance

Public nuisance was historically a common law offence, but for England and Wales it has been placed on a statutory footing. Under the Police, Crime, Sentencing and Courts Act 2022, s.78, a person commits the offence where their act or omission 'creates a risk of, or causes, serious harm to the public or a section of the public' or 'obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large,' done intentionally or recklessly. The statute expressly states: 'The common law offence of public nuisance is abolished.' On conviction on indictment, the maximum sentence is 'imprisonment for a term not exceeding 10 years, to a fine or to both.'

The 2022 Act keeps the civil side of public nuisance distinct from the new criminal offence: it does not affect 'the civil liability of any person for the tort of public nuisance.' This is why public nuisance is still described as both a crime and a tort — the offence (now statutory rather than common law) is prosecuted by the state to protect the public generally, while the civil tort allows an individual claimant who has suffered loss or damage beyond that suffered by the public at large to bring a private claim.