Police
caught fabricating a bollox case
Based on an article from the Daily Mail see
full article
Two young women who were dragged
before a court for allegedly flashing their breasts at a CCTV camera
have had the case against them dropped, the Crown Prosecution Service
said today.
Abbi-Louise Maple and Rachel Marchant, both 21, were accused of exposing
their chests on Worthing seafront, West Sussex, on July 16. A CCTV
operator summoned police and the pair were charged with outraging public
decency.
They appeared at Worthing Magistrates' Court on Wednesday and elected
for Crown Court trial.
According to the Crown Prosecution Service (CPS) bollox, Maple and
Marchant were near a children's play area and there were youngsters in
the vicinity at the time of the alleged incident. [the play area was 100
yards away]
But a spokesman for the organisation said today: The Chief Crown
Prosecutor, Sarah Jane Gallagher, in consultation with Sussex Police,
has subsequently reviewed the case and she has decided that to continue
would not be in the public interest. The case has therefore been
discontinued.
Speaking after she heard the news, Miss Maple said: We'd been to the
pub and had a few drinks. It was just a little joke, one of those
spur-of-the-moment things. I'm happy. I just wanted it to be over, I
didn't want a criminal record for that. It's embarrassing.
Miss Marchant said: We did not
intend to upset anyone and I don't think it's that offensive because
people sunbathe topless all the time. Everyone thinks it's ridiculous
that we've been taken to court. Most people think what we did was funny.
The two girls were arrested, questioned and then charged with committing
an act outraging public decency
[See note Below] - an offence which carries a maximum
sentence of six months prison or a £5,000 fine. If the case had gone to
a trial at crown court it would have cost the taxpayer £8,000 a day.
The decision to prosecute for an offence that appeared so trivial drew
heavy criticism. Peter Bottomley, Tory MP for West Worthing, led calls
for the case to be dropped. He said: This is ridiculous. It is a
total waste of public money and waste of time for the police, the Crown
Prosecution Service and the courts. The sooner they drop the case, the
better.
Background:
The Legalities of Public Nudity
Thanks to Malcolm of
www.british-naturism.org.uk, March 2008
The is no such offence as 'indecent
exposure'.
There is an offence of 'Exposure' but the name is misleading. It is
actually 'Aggressive Exposure'. It was very carefully worded so that it
could not be applied to naturists. The important point is that there
must be intent to cause fear, alarm or distress. It could not possibly
apply to this case.
There are no specific prohibitions of nudity. The Victorian statutes
have all been repealed.
The enabling power for councils to make bye laws regulating the decency
of swim suits has been repealed to ... protect naturists from busy
body ... councillors.
The idea that these two young women committed the offence of "Outraging
Public Decency" is absolutely absurd. The defining judgment states that
'outraging is a very strong word' and that the behaviour must go well
beyond merely offensive. The offence must be in a public place but the
definition of public place is rather technical. Nobody else was around
so apart from the CCTV is was not a public place. There is case law
establishing that a CCTV recording does not make it a public place. As
far as we know the law with respect to live CCTV has not been
established but is likely to be the same so that is two grounds for
throwing out the charge. It is a good example of how vague catch all
offences are abused.
The only charge that might possibly be appropriate would be that old
favourite of police and authorities when they want to make up the law as
they go along, s.5 Public Order Act 1986.
In brief:
There is no offence of nudity and no such offence as indecent exposure.
The offence of Exposure only applies to genitals and it requires intent
to cause fear, alarm or distress.
Public Order legislation is sometimes used against naturists but when
the victim refuses to be bullied the prosecution finds it difficult to
obtain convictions.
Outraging Public Decency was an outrageously inappropriate charge and
shows a fundamental lack of understanding of plain English.