ABSTRACT

Conspiracy to corrupt public morals is a criminal offence at common law. The offence was ‘rediscovered’ by the majority of a House of Lords in the case of Shaw v DPP,33 which concerned the publication of a directory containing details and pictures of prostitutes (some of whom were shown as engaged in what were described as ‘perverse practices’). Controversially, the majority of the House of Lords were of the view that the courts had residual powers to superintend offences which were prejudicial to the welfare of the public where Parliament had not expressly legislated for them. This residual power took the form of a revival of the common law defence of conspiracy to corrupt public morals.