 |
Four
Seasons Law & The Law. |  |
| British Naturism has created this to
assist with explaining legal issues of relevance to the Naturist community. It
is applicable only to the law of England and Wales and has been created with
the assistance of lawyers, but if you require specific legal advice you should
consult a lawyer. If you encounter a problem please contact British Naturism.
We can't give legal advice but we can probably help you and the information
helps us to help everyone. |
Important considerations regarding Naturism and the
law.
There is no general prohibition of nudity and Naturism is not a
criminal offence, per se. Nudity is legal in a much wider set of circumstances
than is sometimes assumed and “a balance needs to be struck between the
Naturist's right to freedom of expression and the right of the wider public to
be protected from harassment, alarm and distress” (Crown Prosecution
Service (‘CPS’) Guidance on nudity in public). Every case of nudity
is considered on its facts. According to CPS Guidance, unless there is a sexual
context or intent to cause alarm or distress then “it will normally be
appropriate to take no action unless members of the public were actually caused
harassment, alarm or distress”. Even in these circumstances “regard
still needs to be had to the question of whether prosecution is in the public
interest”. |
S.5 of the Public Order Act (‘POA’) 1986 – Causing
harassment, alarm or distress.
To breach this section, a person must have
used “threatening or abusive words or behaviour, or disorderly behaviour
within the hearing or sight of a person likely to be caused harassment, alarm
or distress”. You must be aware that there are others around you, and that
your behaviour may cause them harassment, alarm or distress. Behaviour is
assessed in the context in which it took place, but ‘disorderly’ has
been found to apply to those conducting their lawful business naked in public.
The offence is non-imprisonable and the maximum penalty on conviction is a fine
of up to £1,000. A prosecution under this offence must be in the public
interest. When considering this, the CPS will take into account the seriousness
of the offence, the circumstances, any harm caused, the impact on the
community, whether the effect was transitory and whether a prosecution is a
proportionate response to the behaviour. British Naturism advise that
practising Naturism in close proximity to vulnerable people should be avoided
as the reaction of others is an important element of the offence.
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Other offences relating to nudity.
1. Exposure contrary to
s.66 of the Sexual Offences Act 2003 - this will only be made out if a person
exposes their genitals intending that someone will see them and be caused alarm
or distress. |
| 2. Outraging Public Decency – committing in public any
act of a lewd, obscene or disgusting nature. The reaction must be more than
mere ‘shock’ or even ‘disgust’, it must be that decent
members of the public feel ‘outraged’. |
| 3. Public Nuisance
– to do an illegal act or omission that prevents the public from being
able to enjoy their rights. CPS Guidance states that: “A naturist whose
intention is limited to going about his or her lawful business naked will not
be guilty of any of the (above) offences.” |
Anti-Social Behaviour Orders (‘ASBOs’).
The CPS has indicated that
nudity may fit the anti-social rather than the criminal category. Anti Social
Behaviour Orders: |
Must be necessary, proportionate to the anti-social
behaviour it was designed to prevent, and ‘just’.
Should be
regarded “as a last resort” in relation to nudity (CPS
Guidance).
Cannot be used to provide a court with higher sentencing powers
than would otherwise be available |
| For example, breach of s.5 POA is
non-imprisonable, but breach of an ASBO may result in a prison sentence. The
Anti-Social Behaviour, Crime and Policing Act 2014 is very new, and the
provisions are designed to be simpler and more effective than the imposition of
ASBOs. The Act allows the court to impose injunctions to prohibit you from, or
require you to undertake, certain behaviour. These injunctions are similar to
ASBOs, but may be available at an earlier stage of anti-social behaviour. The
Act also introduces the new ‘Criminal Behaviour Order’, which can be
imposed on conviction of an offence of causing harassment, alarm or distress.
Although the Home Office and government ministers have given various
assurances, the full meaning of the Act will not be clear for some time. If any
part of the Act is mentioned in the context of Naturism please contact British
Naturism immediately. |
Police Powers of Arrest.
Police Powers of Arrest are set out in
s.24 of the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice. In
summary, the police can arrest without a warrant if they reasonably believe
that an offence has been, is about to be or is being committed and an arrest is
necessary. An arrest is only necessary if the arrest conditions apply. The
arresting officer should have an accurate understanding of the offence for
which he is arresting you. |
Police Powers of Search.
Part 1 of PACE and Code A set out Police
Powers to stop and search. The police have powers to stop and ask questions but
you are not obliged to answer. They only have powers to search you or your
vehicle if reasonable grounds apply and they must give those reasons before
carrying out a search. Code B of PACE sets out the powers to search premises.
The police have powers to enter and search your property without a search
warrant only if certain circumstances apply. Powers of entry, search and
seizure must be fully justified before use as they can significantly interfere
with your right to privacy. The police must consider whether their objective
can be achieved by less intrusive means. |
Contact With The Police.
In any encounter with the police, British
Naturism advise the following:
Remain calm and be cooperative.
Try to
have witnesses present, and get their contact details.
If told to get
dressed do so, and remain dressed.
If told to leave the area, do so.
If
asked for your name and address, give it.
and very importantly - don't
accept a caution, or pay a penalty, without getting advice first. |
| .If
arrested and detained at a police station or interviewed under caution you are
entitled to free legal advice. On arrest, the police are entitled to take DNA,
fingerprints and photographs without consent. BN advise that you do not agree
to an interview without a lawyer present and when questioned you deal with the
facts and do not speculate about the attitudes of other people and the effect
of nudity on them. Be aware that comments you make in the presence of police at
any point can be recorded, and anything you say can then be used against you.
Following any encounter with the police or officials please contact British
Naturism promptly. The time limits for taking action following arrest may be
short. |
The Taking Of Photographs.
It is an offence to take, permit to be
taken, or make any indecent photograph or pseudo-photograph of a child (a
person under 18 years old). The legality will therefore depend on the
photograph itself. British Naturism believes that the type of photographs
published in BN magazine are legal, but you should be aware that this offence
could be used to criminalise the taking of naturist photographs of children.
Taking photographs of adults is permitted with consent, but you should be aware
that without consent you may expose yourself to offences under s.5 of the POA
(above) or to the offence of voyeurism (if that person had a reasonable
expectation of privacy and was observed or photographed without their
consent). |
Your rights – Article 10 of the European Convention of Human
Rights.
Article 10 states that everyone has the right to freedom of
expression. This includes the freedom to hold opinions and to receive and
impart information and ideas without interference by public authorities. This
right can only restricted as prescribed by law. It is arguable that public
nudity is a form of expression within the meaning of Article 10, of which
prosecution is not prescribed by law. Any interference with this right must be
proportionate and the state has a positive duty to facilitate your Article 10
rights. |
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