Well here is the CPS advice in regard to nudity, Scotland and Wales can differ.
It seems that once it's being done for a sexual reason that's when it becomes a serious issue.
Although every case should be considered according to its own facts and merits in accordance with the Code for Crown Prosecutors a consistent approach to naturism should be adopted to maintain public confidence in the CPS. Where none of the features exist that would bring behaviour within the ambit of one of the offences set out in the section on Other offences that might involve nudity below, the recommended approach to naturism should be as follows.
In the absence of any sexual context and in relation to nudity where the person has no intention to cause alarm or distress it will normally be appropriate to take no action unless members of the public were actually caused harassment, alarm or distress (as opposed to considering the likelihood of this).
In this case such conduct should be regarded as at most amounting to an offence under section 5 of the Public Order Act 1986 (POA) . Regard needs to be had to the question of whether a prosecution is in the public |
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"Here's one how about having same sex..... sex in public toilets behind closed door ie cubicle??
Does anyone know??
If you can't be seen your not causing distress "
There is a specific offence relating to sexual activity in a public convenience, so theoretically you could have sex outside the convenience and as long as no one is alarmed, distressed or caused offence you'd be ok lol |
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"If police turn up usually you are causing them alarm or distress by doing this so it’s a no win situation so try avoid it. "
Actually it's very hard for police officers to give the "alarmed and distressed" think in court, a few years ago they nicked a guy for sec 5 public order for being abusive and swearing at them, there were no other members of the public around and it was dismissed in court as the magistrate stated that as police officers they should be used to this sort of behaviour and be resilient, not saying that makes it right though. |
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By *k197Man
over a year ago
wymondham |
I can see this from both sides of the coin. People are to quick to be offended sometimes but also maybe they shouldn't be put in a position to be seeing things they are not expecting. If two people are in a quiet corner of a dark car park in their car doing whatever they want then surely its up to them. If two people are in a public toilet with the door wide open then they have to expect to be reported If caught. My opinion only. |
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"So is it illegal to be naked in your house stood at the window ?
I believe so  "
Under UK law its not illegal to answer the door to your home in your underwear or walk around the house in the buff.
This means even if you're visible through an unshuttered window you aren't technically breaking the law. However if you're naked and seen performing a sex act from the street this can be classed as an offence against the law. |
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By (user no longer on site)
over a year ago
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"If police turn up usually you are causing them alarm or distress by doing this so it’s a no win situation so try avoid it.
Actually it's very hard for police officers to give the "alarmed and distressed" think in court, a few years ago they nicked a guy for sec 5 public order for being abusive and swearing at them, there were no other members of the public around and it was dismissed in court as the magistrate stated that as police officers they should be used to this sort of behaviour and be resilient, not saying that makes it right though."
However, the naked bit comes under outraging public decency which ironically doesn't actually need to have a member of the public present. |
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"If police turn up usually you are causing them alarm or distress by doing this so it’s a no win situation so try avoid it.
Actually it's very hard for police officers to give the "alarmed and distressed" think in court, a few years ago they nicked a guy for sec 5 public order for being abusive and swearing at them, there were no other members of the public around and it was dismissed in court as the magistrate stated that as police officers they should be used to this sort of behaviour and be resilient, not saying that makes it right though.
However, the naked bit comes under outraging public decency which ironically doesn't actually need to have a member of the public present."
It's not an offence to be naked in public in England and Wales but it does become an offence if it can be proved the person stripped off with the intention to upset and shock. The complainant has to prove this.
In Scottish law there is no statutory offence, just the common law offence of offending public decency - a strand of the breach of the peace. The test is essentially the same as in English law, that a member of the public has been put in a state of fear or alarm.
According to the Crown Prosecution Service "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". |
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