Success Representations in Outraging Public Decency Case Leading to Discontinuance

Our client had been charged with outraging public decency. He was found on the streets of East London completely naked in the early hours of the morning. We advised our client to plead not guilty and elect trial in the Crown Court.

We wrote a letter of representations to the CPS to discontinue the charge and referred them to the Code for the Crown Prosecutors.  We argued that the evidential stage was not met as there is insufficient evidence to provide a realistic prospect of conviction. We referred to case law and stated that the act was not ‘obscene, lewd or disgusting’ as per R v Rowley (1992), nor could they prove that the act was deliberate.

We also argued that it was not in the public interest to prosecute our client. At the time of the offence, our client was suffering from behavioural disorder symptoms and has no previous convictions of this nature. He was no threat to the public at the time of the incident. 

Our representations were successful. The prosecution offered no evidence, and a not guilty verdict was recorded.

Our client was delighted with the outcome.

Ellie Godwin was supervised by Daniel Cavergleri in this case. Alex Monaghan of Crucible Law was instructed.