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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64384
Experience:  Over 5 years in practice.
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this is to do with outraging public decency

Resolved Question:

this is to do with outraging public decency
Submitted: 9 months ago.
Category: UK Law
Expert:  Jo C. replied 9 months ago.
Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 9 months ago.


for Jo C


 


i was with my friend looking for a place to park up.


We found what i thought was a discrete location at the back of a retail park.


the road was a dead end at the bottom and was about 1/4 mile from main road with bends so could not be seen. we parked at the bottom. we passed a man in a vehicle who was facing towards the main road, he was about 50/100 yards away.


everything was very quiet, she proceeded to give me oral. When we finnished we sat there talking. the poice turned up and said a security officer seen us on cctv


They then charged us with Outraging Public Decency I think he called it.


We denied everything


What is my position

Expert:  Jo C. replied 9 months ago.
are you asking if you are guilty?
Customer: replied 9 months ago.


For Jo C


What is the level of proof they need in order to obtain a conviction.


Is this a serious offence


if convicted does it warrent entry onto sex offenders register

Expert:  Jo C. replied 9 months ago.
Thanks.

1 They need to satisfy a Court so that they are sure of your guilt. Obviously it is likely that they can prove some form of lewd act. The question really is whether or not they can prove there was a risk that at least two members of the public could see.

2 Its not a minor offence but its not a grave offence either.

3 No. Outraging public decency doesn't carry a requirement to sign the register. They can impose sexual offenders prevention orders but they will not here.

Did you want to know anything else?

Jo
Customer: replied 9 months ago.


would the guy on the cctv count as one person?

Expert:  Jo C. replied 9 months ago.
No, the issue isn't who actually did see.

The issue is just whether there is a risk that at least two members of the public could see. Whether or not they actually did is a non issue.
Customer: replied 9 months ago.


is it classed as a criminal offence and if so do i need to specify it when i go abroad USA etc

Expert:  Jo C. replied 9 months ago.
Yes, outraging public decency is a criminal offence I'm afraid.

You would need to declare it to the USA unfortunately.
Customer: replied 9 months ago.


what are the possible sentences, from lowest to highest

Expert:  Jo C. replied 9 months ago.
That isn't all that helpful to you really.

The lowest sentence is an absolute discharge. The highest is life imprisonment as this is contrary to common law.

You will not get either of those two sentencing options though as neither is appropriate.

However, in fairness, there is a risk of custody although I think you would probably avoid it.
Customer: replied 9 months ago.


in you experience, do you think it is likely under the circumstances this would be considered lewd

Expert:  Jo C. replied 9 months ago.
Oral sex is a lewd act I'm afraid.


Whether or not a Jury would take the view there was no risk of overseeing is another matter.
Customer: replied 9 months ago.

thank you for your help even though not really waht i wanted to hear. Dont suppose you know ang good solicitors in manchester?

Expert:  Jo C. replied 9 months ago.
Its not as bad as you think. Jurors often take the view that these prosecutions are not really in the public interest and acquit for that reason. You never know why jurors act in the way that they do because they don't have to give reasons but I think they must be more likely to acquit if they don't think there is any real wrongdoing.

You can try John Black Solicitors here

http://www.johnblacksolicitors.co.uk/
Customer: replied 9 months ago.

just one last q, why are you in EST time zone ?


I trust you quallified in english law and you still practice here?

Expert:  Jo C. replied 9 months ago.
Im in the UK.

The site is hosted in the States which is probably why you are seeing a different time zone.
Customer: replied 9 months ago.


to Jo C


 


excellent service was a little sceptical but well worth it would use you again.


 


Thats if i dont get locked up

Expert:  Jo C. replied 9 months ago.
You won't get locked up. Thats not going to happen.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64384
Experience: Over 5 years in practice.
Jo C. and other UK Law Specialists are ready to help you

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