Here's one for you all, as an IBS sufferer it's possible I might have to
defecate with very little warning.
If I was to do this in public (obviously a last resort!) would I be
committing an offence, and under what legislation/act and section? And
what would be the penalties and possible defences?
4 scenarios:
1) Defecating in a crowded public place, say Trafalgar Square
2) Defecating in a quiet public place, say a deserted town centre
3) Defecating in the woods while camping on public ground
4) Defecating in the woods, while camping on private ground visible to
the public (for example via a footpath).
Assume in each of these scenarios, it's either witnesses by a member of
public who complains, a police officer, or caught on CCTV.
"Additionally" to the actual act of defecating, would I be guilty of
indecent exposure? (I believe there's no longer such an offence after
the "Sexual Offences Act 2003" unless my intent is to shock, which it
wouldn't be).
An unusual one I know! :-)
~ Mike
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> Here's one for you all, as an IBS sufferer it's possible I might have to
> defecate with very little warning.
>
> If I was to do this in public (obviously a last resort!) would I be
> committing an offence, and under what legislation/act and section? And
> what would be the penalties and possible defences?
>
> 4 scenarios:
>
> 1) Defecating in a crowded public place, say Trafalgar Square
>
> 2) Defecating in a quiet public place, say a deserted town centre
Shit is a nasty substance, full of bacteria and diseases. If I were in
your position, having to squat down in public, then I would carry some
industrial grade plastic bags in which to do the dirty, and make sure
I cleared up after me. If I were then taken to court, I would argue
that I had made an effort not to contaminate the place.
I think that I would also make some effort to be discreet. Squatting
on top of a lion would be far more likely to get you arrested than
squatting beside one. If you have made an effort to be discreet, then
it would be harder for the filth to argue that you are exposing
yourself.
> 3) Defecating in the woods while camping on public ground
>
> 4) Defecating in the woods, while camping on private ground visible to
> the public (for example via a footpath).
Dig a hole in advance if feasible, then once you do the dirty, fill it
in.
> Assume in each of these scenarios, it's either witnesses by a member of
> public who complains, a police officer, or caught on CCTV.
>
> "Additionally" to the actual act of defecating, would I be guilty of
> indecent exposure? (I believe there's no longer such an offence after
> the "Sexual Offences Act 2003" unless my intent is to shock, which it
> wouldn't be).
Carry a card detailing IBS, so you can give it to someone who is
putting their nose where it does not belong.
> Shit is a nasty substance, full of bacteria and diseases. If I were in
> your position, having to squat down in public, then I would carry some
> industrial grade plastic bags in which to do the dirty, and make sure
> I cleared up after me. If I were then taken to court, I would argue
> that I had made an effort not to contaminate the place.
Could be tricky if it was virtually all in liquid form, which is highly
likely if not certain in these scenarios.
> I think that I would also make some effort to be discreet. Squatting
> on top of a lion would be far more likely to get you arrested than
> squatting beside one. If you have made an effort to be discreet, then
> it would be harder for the filth to argue that you are exposing
> yourself.
Well quite, but under what act/section would I be arrested if I "DID"
squat on the lion. Is the law worded on how discreet you are? Maybe
squatting on the lion is a bit extreme but what about someone actually
within the square of Trafalgar square?
That's why I put a few scenarios in there, some less discreet than
others but not beyond the bounds of possibility.
Although it's never come to that! :-)
> Dig a hole in advance if feasible, then once you do the dirty, fill it
> in.
Yes, that would be the idea. But what if someone witnesses this, and
complained in both cases. Would their complaint be valid, and why?
Would their complaint be more valid (in law) if it was public land?
> Carry a card detailing IBS, so you can give it to someone who is
> putting their nose where it does not belong.
Surely they'd have to prove I intended to shock by exposing myself,
which would be hard to do if I only exposed myself for the sole purpose
of defecating, ergo I didn't do it to shock someone so I wouldn't be
guilty under the Sexual Offences Act 2003 (I think)?
~ Mike
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I can sympathise as I am coeliac.
Intent, reasonableness and hygiene are the key here. Do you take reasonable
steps to aid discretion? Do you clean it up afterwards? Is there
1) A busy public place, very, very doubtful you would get away with it. I
usually get a few minutes warning that something is up, usually enough time
to find a toilet in a shop, pub, cafe etc.
2) Even urinating in the street can get you lifted even if there is a
pressing need and there is no toilet. There have been cases of people
uringating under cover in bushes and still being arrested.
3) depends on the definition of public. The Cairngorms are technically
public and I have used it often. As long as you take reasonable steps to be
discrete and hygienic then there is little problem. There is very little
cover in most of the Cairngorms so hiding behind a tree is not an option.
4) Again reasonable steps.
You can get plastic bags specially designed for the clean defecating. It has
a plasticised folding card top with the approriate hole in to. You peel the
waxy paper to expose the sticky coating, stick it into place. Do what is
necessary, peel off and fold the sticky bits closed to seal it.
If you have a hairy backside then tough.
Andy
Crap question.
Could I suggest you wear nappies instead?
Unfortunately nobody has answered your question. You weren't asking for
helpful advice about how to deal with your medical problem. You were asking
what laws you might be breaking.
I don't know the answer to that. Some sort of public order offence or common
law offence, I should think. However I am sure that if it was involuntary
and caused by a medical condition you would have an excellent defence,
unless you made a habit of it and the expert opinion was that you could plan
a bit better.
> Here's one for you all, as an IBS sufferer it's possible I might have to
> defecate with very little warning.
>
> If I was to do this in public (obviously a last resort!) would I be
> committing an offence, and under what legislation/act and section? And
> what would be the penalties and possible defences?
There was a female runner a couple of years who did something similar
during the London Marathon, claiming that if she'd used the provided
portaloos it would take too long. I don't recall her being charged with
anything.
--
Sara
Winter in the park can be a bit of a sod.
You use Tena pads if you have those problems.
or a butt plug
I was told by an ex-girlfriend that gay men usebutt plugs because the
anal sphincter becomes weaker due to overuse.
Photographic evidence may suffice.
The Todal wrote:
> Unfortunately nobody has answered your question. You weren't asking for
> helpful advice about how to deal with your medical problem. You were asking
> what laws you might be breaking.
>
> I don't know the answer to that. Some sort of public order offence or common
> law offence, I should think. However I am sure that if it was involuntary
> and caused by a medical condition you would have an excellent defence,
> unless you made a habit of it and the expert opinion was that you could plan
> a bit better.
Yes, have hit a blank this time on the specific law(s). AndyW covered
the scenarios but still the question still lingers which law is being
broken.
I'm pretty sure you're not allowed to do it, it would stand to reason
you cannot.
Sara wrote:
> There was a female runner a couple of years who did something similar
> during the London Marathon, claiming that if she'd used the provided
> portaloos it would take too long. I don't recall her being
> charged with anything.
Ah yes, wasn't that Paula Radcliffe? Maybe they also couldn't come up
with a charge. Like I say, I'm pretty sure you're not allowed to do it,
I just don't know what it's covered under (if anything).
Roy H wrote:
> You use Tena pads if you have those problems.
That's not the question, the question is the laws involved. i.e. right
in front of a policeman, what do they charge me with and why?
~ Mike
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>
> Roy H wrote:
>> You use Tena pads if you have those problems.
>
> That's not the question, the question is the laws involved. i.e. right
> in front of a policeman, what do they charge me with and why?
>
The same charge as anyone else who had the opportunity to be discrete
but chose to confront others.
> The same charge as anyone else who had the opportunity to be discrete
> but chose to confront others.
Which is?
I gave a few scenarios in my first post. Police happen to catch you in
an alley defecating, the charge is ________?
~ Mike
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Section 5 at least
Perhaps "public nuisance", a common law offence.
What we really need is advice from a friendly police officer. People in this
group are so rude about the police and so unpleasant towards anyone who
identifies themselves as a police officer, that they might not feel like
contributing to the thread.
Roy H wrote:
> Section 5 at least
Just read "Public Order Act 1986 : Section 5" ... I don't see in what
way it would be an offence under that act and section.
Also a statutory defence is "The conduct was reasonable". Having to
defecate is reasonable, just like having to vomit is.
The Todal wrote:
> Perhaps "public nuisance", a common law offence.
> What we really need is advice from a friendly
> police officer. People in this group are so rude
> about the police and so unpleasant towards anyone
> who identifies themselves as a police officer,
> that they might not feel like
> contributing to the thread.
What act/section is that one under?
Yes they have probably run a mile. I wonder what they charge people
with who urinate in public - Or even if there is a charge it's covered
under.
I can't see under "Section 5" how any of this is unreasonable if
required (defecating, urinating, vomiting).
~ Mike
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In Scotland S.47 Civic Government (Scotland) Act 1982,in England and
Wales I am not sure that there is any specific statute, but some local
authorities have passed bye-laws prohibiting the same.
Jeff
Also Gary Lineker who went on the pitch during the 1990 world cup.
Although in his case it wasn't voluntary, to the point that he didn't
even take his shorts off - just did the deed and dragged his arse
along the floor like a dog.
> In Scotland S.47 Civic Government (Scotland) Act 1982,in England and
> Wales I am not sure that there is any specific statute, but some local
> authorities have passed bye-laws prohibiting the same.
Excellent, spot on for Scotland:
Section 47:
"Any person who urinates or defecates in such circumstances as to cause,
or to be likely to cause, annoyance to any other person shall be guilty
of an offence and liable, on summary conviction, to a fine not exceeding
level 2 on the standard scale."
I better stay out of Scotland!
Seems to be a bit ambiguous, to be guilty of something that is "likely"
to cause "annoyance".
I wouldn't imagine it would cause "annoyance" specifically. Disgust
possibly, someone may find it offensive perhaps, although it's a
perfectly reasonable bodily function.
But like you say, still nothing on England and Wales so far.
~ Mike
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Maybe that is because the police treat everyone else like shit?
Isnt there some archaic/urban myth that if a pregnant woman needs to
urinate apoliceman is required to cover her with his cloak. Or you can
urinate on the rear right hand wheel of your care so long as you have
ahand on the car.
>
> Yes, have hit a blank this time on the specific law(s). AndyW covered
> the scenarios but still the question still lingers which law is being
> broken.
>
> I'm pretty sure you're not allowed to do it, it would stand to reason
> you cannot.
>
> Sara wrote:
>> There was a female runner a couple of years who did something similar
>> during the London Marathon, claiming that if she'd used the provided
>> portaloos it would take too long. I don't recall her being
>> charged with anything.
>
> Ah yes, wasn't that Paula Radcliffe? Maybe they also couldn't come up
> with a charge. Like I say, I'm pretty sure you're not allowed to do it,
> I just don't know what it's covered under (if anything).
>
> Roy H wrote:
>> You use Tena pads if you have those problems.
>
> That's not the question, the question is the laws involved. i.e. right
> in front of a policeman, what do they charge me with and why?
>
They would probably go for behaviour likely to cause a breach of the peace.
Someone could take offence if you just dropped and crapped in front of them.
I would certainly be alarmed if you did that in front of me and my
family in a public place, so they could probably consider Section 5 POA
as well.
Not if he's in the alleyway, making some attempt to hide himself from
the public.
>
> What act/section is that one under?
>
> Yes they have probably run a mile. I wonder what they charge people
> with who urinate in public - Or even if there is a charge it's covered
> under.
There are some local by-laws against urinating in public, but mostly the
police will use breach of the peace, Sect 5 POA, indecent exposure or
drunk and disorderly, depending on the circumstances.
>> An unusual one I know! :-)
>>
>> ~ Mike
>The potentiall arresting officer would probably consider all the facts
>before actually making an arrest. The most pertinant fact would be the
>necessity to retain the evidence.... :o)
>
If it was a genuine emergency then there would be no time to remove
clothing.. and soiling yourself would be unpleasant but wouldn't be
flashing yourself.
Carry spare clothes.
--
http://www.bra-and-pants.com
http://www.holidayunder100.co.uk
> If it was a genuine emergency then there would be no time to remove
> clothing.. and soiling yourself would be unpleasant but wouldn't be
> flashing yourself.
>
> Carry spare clothes.
I don't know about you but I can drop my trousers in 2 seconds flat!
Obviously there is more than a few seconds warning, just perhaps less
time than it would take to reach a toilet in all circumstances - You
could be miles away from an available toilet.
I think from all the responses it's probably unlikely to result in being
charged as long as it wasn't blatant, i.e. taking reasonable steps to
carry it out in the most secluded place.
~ Mike
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>The potentiall arresting officer would probably consider all the facts
>before actually making an arrest. The most pertinant fact would be the
>necessity to retain the evidence.... :o)
That's what policemans helmets are for.
>
> Isnt there some archaic/urban myth that if a pregnant woman needs to
> urinate apoliceman is required to cover her with his cloak. Or you can
> urinate on the rear right hand wheel of your care so long as you have
> ahand on the car.
>
It used to be ok for the driver to piss up a certain wheel on a bus. I'm
not sure about a car.
--
Ian.
The average car driver might not totally appreciate a bus driver
stopping and having a piss against the car drivrers wheel.....
If someone dropped their trousers and shat on the pavement within my
sight, it would certainly be behaviour which I would find alarming.
...
> The offence is created by section 5 of the Public Order Act 1986:
>
> "(1) A person is guilty of an offence if he:
> (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
> (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
> within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby."
...
They have nothing to go on
http://web.orange.co.uk/article/quirkies/Row_over_sculpture_of_squatting_cop
> If someone dropped their trousers and shat on the pavement within my
> sight, it would certainly be behaviour which I would find alarming.
> ....
Then you'd be out of luck then. Not only would you have to be (likely
to be) alarmed but also the action would have to be threatening,
abusive, disorderly or insulting. I don't see how this could fall under
any of those, it being an essential bodily function everyone must do.
And then even if it was I could use the statutory defence:
"(c) The conduct was reasonable"
Defecating when you must do so, while taking as much care as possible to
do so in the most secluded place available at the time is surely reasonable.
~ Mike
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>The potentiall arresting officer would probably consider all the facts
>before actually making an arrest. The most pertinant fact would be the
>necessity to retain the evidence.... :o)
Don't they carry cameras these days?
--
Alasdair.