Summary of Shaw v. Director Of Public Prosecutions, House Of Lords (1962)

Plaintiff/Appellee: Director Of Public Prosecutions

Defendant/Appellant: Shaw; after solicitation of prostitution was made illegal, it was made really hard for the prostetutes to conduct their business. The defendant started a magazine where he provided the personal ads of the prostitutes with pictures and the type of services these prostitutes were ready to perform. The defendant was charged with conspiracy to corrupt public morals. The defendant argued that this charge was illegal because there was no such law made for punishing conspiracy to corrupt public morals crimes.

Issue: Did the court have the discretion power to punish the defendant under the public morals principle?

Holding: Yes

Legal Reasoning: The defendant’s acts were clearly dangerous to the welfare of the society and the judicial courts have the duty to protect public morals. The court held that just because common law has no particular law against such immoral acts, it does not mean that the courts can’t enforce their own decisions. The defendan’ts appeal was rejected.