Rotate too late
Section 67 Voyeurism created 4 different offences:
(1) A person commits an offence if —
(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.
(2) A person commits an offence if —
(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b) he knows that B does not consent to his operating equipment with that intention.
(3) A person commits an offence if —
(a) he records another person (B) doing a private act,
(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c) he knows that B does not consent to his recording the act with that intention.
(4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).
NB The defendants in this case have
not been charged with voyeurism.
All five face charges of
Misconduct in Public Office.
In brief summary, that offence is committed when:
- a public officer acting as such
- wilfully neglects to perform his duty and/or wilfully misconducts himself
- to such a degree as to amount to an abuse of the public's trust in the office holder
- without reasonable excuse or justification.
It is a 'common law' offence.
ie It is not defined in a statute.
The Law Commission is currently considering whether it should be.