Intentionally or recklessly causing public nuisance

s.78Police, Crime, Sentencing and Courts Act 2022

Doing an act, or failing to do a legally required act, that seriously harms the public or obstructs them in exercising a public right, intending or being reckless as to that result.

Intentionally or recklessly causing public nuisance · Police, Crime, Sentencing and Courts Act 2022, s.78Card 67 / 195

Points to prove

s.78(1)(a)Did an act, or omitted to do an act they were required to do by any enactment or rule of law
s.78(1)(b)(i)The act or omission created a risk of, or caused, serious harm to the public or a section of the public
s.78(1)(b)(ii)Or it obstructed the public or a section of the public in exercising or enjoying a right open to the public at large
s.78(1)(c)Intended that consequence, or was reckless as to whether it would happen

Key definitions

Serious harm – s.78(2): death, personal injury or disease; loss of or damage to property; or serious distress, serious annoyance, serious inconvenience or serious loss of amenity.
The public or a section of the public – the harm or obstruction must affect the community, or a part of it, rather than one or two individuals.
Right of the public at large – for example, the right to pass and repass along a highway.
Reckless – the defendant was aware of a risk that the consequence would occur and it was unreasonable to take that risk.
Enactment – s.78(9): includes subordinate legislation (regulations and orders).

Defences

Reasonable excuse – s.78(3): the defendant must prove (on the balance of probabilities) a reasonable excuse for the act or omission.

Good to know

In force from 28 June 2022. It replaced and abolished the common law offence of public nuisance (s.78(6)). Conduct that began before that date is still dealt with under the old law (s.78(7)).
Used for serious disruption such as hoax threats, dangerous acts in public places and some protest activity. Consider more specific offences first, such as wilful obstruction of the highway or the Public Order Act 2023 offences.
The civil tort of public nuisance is unaffected (s.78(8)).

Legislation: Police, Crime, Sentencing and Courts Act 2022, s.78 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Intentionally or recklessly causing public nuisance: questions people ask

What are the points to prove for intentionally or recklessly causing public nuisance?

1. Did an act, or omitted to do an act they were required to do by any enactment or rule of law 2. The act or omission created a risk of, or caused, serious harm to the public or a section of the public 3. Or it obstructed the public or a section of the public in exercising or enjoying a right open to the public at large 4. Intended that consequence, or was reckless as to whether it would happen

What is the maximum sentence for intentionally or recklessly causing public nuisance?

10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is intentionally or recklessly causing public nuisance a summary, either-way or indictable offence?

Intentionally or recklessly causing public nuisance is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is intentionally or recklessly causing public nuisance?

Intentionally or recklessly causing public nuisance is an offence under the Police, Crime, Sentencing and Courts Act 2022, s.78.

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