Case Study: Shaw Vs Director of Public Prosecutions

This report is a brief case study of Shaw Vs director of Public prosecutions. It analyzes the case of a man accused of demoralizing the public through illegal activities.

CONSTITUTIONAL
AND
ADMINISTRATIVE
LAW

Table of Contents
INTRODUCTION...........................................................................................................................4
PART 1............................................................................................................................................4
Introduction............................................................................................................................4
Concept of the Case................................................................................................................4
Legal Terms used in the Case.................................................................................................5
Outline of the Study................................................................................................................5
PART 2............................................................................................................................................6
Laws which was charged to Shaw..........................................................................................6
Application of the Laws in the Case ......................................................................................7
PART 3............................................................................................................................................8
Case Study..............................................................................................................................8
Rule of Law of the Case.........................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
This report is a brief case study of Shaw Vs director of Public prosecutions. This is a case
study of a man called Shaw who was accused to demoralize the public by providing them with a
hooker directory and also proving the public some nude pictures of women, which created a
disrespect in the mind of men for the women, so the director of public prosecutor sued him for
his misdeeds. Shaw was also sentenced for earning profits from demoralizing the public and also
making them do the exact which also raged the public's behavior towards sexuality and anger
which also have sexual criminal activities like rape and molesting and dominating the women
everywhere.
PART 1
Introduction
This case is about A man who influenced the society by provoking them to indulge in the
sexual activities with the prostitutes so that he can earn money from it. In this case the person
who had been accused was very outlaw and did all his activities in the criminal nature which also
resulted in demoralizing of the society from those activities.1
In other words, further task will be presenting brief about the constitutional and
administrative law. It is the law which develops the regulated by government of states. This law
has been always concerned about struggling rival for power and the question of what limits
should be imposed on the government. Basically such law mainly imposed on Scotland and On
UK.
Concept of the Case
The case had highlighted some acts and laws which had influenced the nature of the
judiciary system and also encouraged the criminal activities. Such laws and judiciary actions
sometimes affect the people standard life which is not good sometimes for the human values and
the purpose of society.
 There is a violation of human rights in this case as the citizens were also influenced by
the activities of Shaw, and the activity performed by the man is totally wrong and illegal
in terms of law.
1 Sunstein, C.R. and Vermeule, A., 2015. Libertarian administrative law. U. Chi. L.
Rev., 82. p.393.

 There was a conspiracy of defraud which was broken by Shaw as he created a fraud by
publishing the nude pictures of prostitutes in the magazines and also providing their
numbers to earn money as he did not identity of the identity of the conspirator.2
Legal Terms used in the Case.
 Sexual Offenses act, 1956 was used in against the conviction by the prosecution as he
was involved under 30(1) and 30(2) of the act. And also solicitation by men. 3
 Obscene Publication Act,1959 was also applied in the case as Shaw had used the medium
of Publication to publish an article which involves the content which is not right for the
citizens to read, and they also had mental instability.
 Due to the street offenses act,1959 which states that no prostitutes were allowed to stand
in the street to do their activities and that made this case very strong.
 There was also an act which made this case a lye under criminal context due to Vagrancy
Act,1898. 4
Outline of the Study
The case had provided that how the person would be aware about the criminal conspiracy
which is happening with the citizens. The government should need to take steps for better laws to
protect such criminal activities to secure society values and people. Activities to happen and
damage the innocence of the society which somehow impact the human minds. West Academic
Publishing knowledge and skills of the citizens so that they can analyze the situation which can
be under the jurisdiction of laws and are lawful. 5
PART 2
Laws which was charged to Shaw.
There were mainly three charges which Shaw was accused and was ordered to appear in
the court to give the lawful answer to the director of public prosecutor which would give them a
chance to prove the court that what was the reason of their activities. The case of also conducted
2 Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of
comparative law.
3 Rotunda, R.D. and Nowak, J.E., 2016. Principles of constitutional law. West Academic
Publishing.Sunstein, C.R. and Vermeule, A., 2015. Libertarian administrative law. U.
Chi. L. Rev., 82. p.393.
4 Rosenbloom, D.H., 2018. Administrative law for public managers. Routledge.
5 Parpworth, N., 2018. Constitutional and administrative law. Oxford University Press.

in the house of lords and the convicted was sued in the house of lords as they are the ruling
justice body of United Kingdom. The governing body was also responsible to provide justice to
the sentiments of the public and also listen to the conviction to understand the case in depth
Accused of demoralizing the citizens., Earning on the profits by doing the business of
prostitution, Sexual offenses act, 1956, Obscene Publication Act, 1959.
Under the Sexual offenses Act,1956 In which there are different sections available to
helps the justice governing body so that they can provide justice to the people who were victims
of the sexual crimes. Prosecution and procrastination is under the Sexual Offenses Act, 1956.6
The case relates to the section 30(1) and 30(2) of the act. The section 30(1) states that the man
who is partly or fully involved in the in earnings from the activities of prostitution And the
section 30(2) states that the person who is living in the company of prostitutes, and that person is
also having the control over the activities of the prostitution which will also make the person
involved in the criminal activity and will also be held as a criminal. This the case also used the
solicitation of the moral of the public by wrong practices and will be held as a criminal.7
In respect of Obscene Publication Act, 1959 this act was used to by the houses of
legislator to protect the public from the bad knowledge and keep the public in healthy mental
state. This law cam into force due to increasing in the sexuality publication which can disturb the
mental health of the person. The act is divided into various sections and subsections to decide the
nature of crime the convict had done and there are 5 sections in this act which help the judiciary
to make a proper assessment of the case and provide with better justice to the readers and the
publication authors. This act helped the authorities to analyze the facts which were lying under
this law or not. This act demands the test of the obscenity in this test the authorities which check
that all the facts are underlying in the premises to this law or not. If the publication is found In
criminal nature the authorities will prohibit that published literature or images from the reach o
the public as it can provoke the suppressed feelings of them and would make it difficult for the
government to control the situation as a whole. After the prohibition of the publication the author
is bound to explain their thoughts which they want to portray in. Administrative law for public
managers Routledge, that publication even then if the houses and the legislation is not satisfied
6 Loveland, I., 2018. Constitutional law, administrative law, and human rights: a critical
introduction. Oxford University Press.
7 Leyland, P. and Anthony, G., 2016. Textbook on administrative law. Oxford University
Press.

from their answers they will be help criminal and will be punished according to the law. This act
was applied in the case of Shaw as he used the publication to promote the prostitution for the
citizens which was not morally correct.8
There was a similar case which convicted Knuller for provoking the men in the society
for having the homosexual relations and also provide a moral support to the homosexual society.
The Knuller was charged with Sexual Offenses act,1956 and Obscene publication act,1959. As
the convict published a magazine which shows sexual content about homosexuality and also
provoked the feelings of men who are born homosexual. As in sexual offenses act,1967 the
sexual activities two men was made legal but the person who were making to do these practices
were illegal.9
Application of the Laws in the Case
The Shaw and Director of Public prosecutor was not very strong as the convict was doing
every activity illegal and had influenced the citizens in the criminal activity without letting them
what they are doing. Shaw had misused the power and money to increase the profits by finding a
way which was not legally correct and took the support of prostitution by publishing their
articles in the magazines which influenced many persons to have sexual activities with the
prostitutes. 10This activity not only damaged the innocence of the public but also provoked their
sexual desires to have more sexual activities which gave birth to many complex criminal
activities like rape, sexual assaults of women, domestic violence because of rejection of sexual
intercourse. Shaw was not guilty and had also reverted in the court but due to the complexity of
the crime they rejected the submission from Shaw and held him guilty as he was involved in
promoting the prostitution among the citizens, and he also had found the idea of posting the
number and picture of naked prostitutes to attract the citizen so that he can increase the profits.
But the effects of the publication the article and number made a very adverse impact on the
teenagers and kids as the magazines were at easy reach to them, and they can easily access that,
which led them to increase their desire and do many criminal activities. As according to the case
of Knuller vs Director of public prosecutor where Knuller was help guilty and was penalized
8 Puchta, R., 2018. Constitutional Requirements Regarding the Use of Administrative
Sanctions (Remarks with Regard to the Constitutional Tribunal’s Rulings). Przegląd
Konstytucyjny. (2). pp.70-90.
9 Cassese, S., 2015. Global administrative law: The state of the art. International Journal
of Constitutional Law. 13(2). pp.465-468.
10 Cann, S., 2018. Administrative law. Routledge.

with high amount with 2 years of imprisonment as he was also charged with the same acts and
laws as in Shaw vs director of prosecutor. Knuller had published a magazine to circulate the
homosexual content which provoked men in the society to have sexual relationships with men
which was not legal when the case was help but due to the provocation the society started to
accept the natural phenomenon and coming out to have sexual relationships with other men
regularly and the government authority analyzed the fact and made the sexual relation of two
men as legal but the person who conduct or help the men to participate in those activities were
still crime11.
PART 3
Case Study
In 2014 there was a crime which took place as on 28th April 2014 and old lady teacher
who was murdered to death by her own 15 year old students. When the teacher was teaching her
Spanish she got stabber by a knife on her back. The lady lived in Leeds and was 61 years old .
The student to murdered his teacher was declared as criminal and was sentenced lifetime
imprisonment in Leeds jail. The case was big enough as there were many political powers
gathered to pay tribute to the old lady at her funeral including the prime minister David
Cameron. The student or the criminal was very polite and humble in his nature which would not
let anyone guess he could do anything like that 12.
Rule of Law of the Case
Because of a peculiarity in British law, in spite of the fact that it was illicit to name or
distinguish during his preliminary because of his being a minor, it was legitimate to name him
before the preliminary started. The newspaper paper The Sun named him the day following the
homicide.
Specialists said that student had a gross absence of sympathy for his unfortunate casualty
and a level of insensitivity once in a while observed in clinical practice" and that he "exhibits a
danger of genuine mischief to people in general and that this hazard is available for years to
come.
11 Breyer, S.G and et.al., 2017. Administrative law and regulatory policy: problems, text,
and cases. Wolters Kluwer Law & Business.
12 Barnett, H., 2017. Constitutional & administrative law. Rosenbloom, D.H.,
2018. Administrative law for public managers. Routledge.Routledge.

The student or murderer was under a tremendous pressure and was very insignificant and
was very insensitive in perceiving the feelings by the others.
CONCLUSION
This report had a detailed study about the different aspects of Shaw vs Director of public
prosecutors case which was happened in 1961, the study has been concluded the importance
about the legislation and laws in the society as it helps the citizens to be protected and
safeguarded by the laws and acts. The case also analyzed to understand the conspiracy about
Shaw and how the criminal mind work which also helped the government to track the criminal
by analyzing their behavior and which had increased the effectiveness to create a better and safer
place to innocent and (Rosenbloom, 2018). It has been concluded that Administrative law for
public managers. Routledge. ethical citizens. The study also included some examples of the
different case to understand why laws are very important. Knuller Vs Director of public
prosecutor as Knuller made a conspiracy to provoke the homosexual men with the help of
publication of provoking contents which also helped the government to later change the law and
make it legal.

REFERENCES
Books and Journals
Barnett, H., 2017. Constitutional & administrative law. Routledge.
Breyer, S. G and et.al., 2017. Administrative law and regulatory policy: problems, text, and
cases. Wolters Kluwer Law & Business.
Cann, S., 2018. Administrative law. Routledge.
Cassese, S., 2015. Global administrative law: The state of the art. International Journal of
Constitutional Law. 13(2). pp.465-468.
Leyland, P. and Anthony, G., 2016. Textbook on administrative law. Oxford University Press.
Loveland, I., 2018. Constitutional law, administrative law, and human rights: a critical
introduction. Oxford University Press.
Parpworth, N., 2018. Constitutional and administrative law. Oxford University Press.
Puchta, R., 2018. Constitutional Requirements Regarding the Use of Administrative Sanctions
(Remarks with Regard to the Constitutional Tribunal’s Rulings). Przegląd Konstytucyjny.
(2). pp.70-90.
Rosenbloom, D.H., 2018. Administrative law for public managers. Routledge.
Rotunda, R. D. and Nowak, J.E., 2016. Principles of constitutional law. West Academic
Publishing.
Sunstein, C. R. and Vermeule, A., 2015. Libertarian administrative law. U. Chi. L. Rev., 82.
p.393.
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative
law.