CPS discontinue outraging public decency charge after written representations
Our client, a man of good character, was charged with outraging public decency over a year after a complaint was made that he had acted indecently at a London Underground station. The alleged incident was captured on CCTV and strongly denied by our client.
The offence of outraging public decency does not require the defendant to have intended to cause outrage, shock or disgust. It can therefore be quite straightforward for the prosecution to prove. Despite this, we made written representations to the CPS challenging the decision to charge on the basis that it was not in the public interest. We put forward medical evidence supporting our client’s defence that he had a historic and ongoing medical condition that had caused him to act in the manner that he did.
As a result of our efforts, criminal proceedings were discontinued and our client preserves his good name.