A Naturist's Guide to the Law in England and Wales

PLEASE NOTE:
The following pages are intended only as a general information for those who enjoy swimming and sunbathing without clothes. They have been compiled from various public sources and were not written by a legally-qualified person. They do not purport to be exhaustive or authoritative. You MUST read the Disclaimer before proceeding and, if necessary, get professional legal advice.

In the following pages, references to 'English Law' indicate the legal position in England and Wales only. The law in Scotland and in Northern Ireland - while being based on similar principles - is different in detail.

Background

The Criminal Law has undergone rapid and repeated change in recent years - there have been more than 40 Criminal Justice Bills and over 700 new criminal offences since 1997. This almost permanent state of flux has left the public and even some policemen and lawyers confused.

In legal matters ignorance is definitely not bliss and if you are not well-informed more power is placed in the hands of those "in authority".

Unfortunately, the behaviour of the Police and Local Authorities towards naturists does not always reflect the much greater acceptance by the general public of 'coast and countryside' nudity. The purpose of this guide is to make naturists more aware of their rights.

General Principles

English law operates on the premise that you are free to do anything which is not specifically prohibited, but you have to take the consequences of your actions.

Simply being naked in a public place is not an offence in English law.

If you are simply enjoying social and recreational nudity - swimming, sunbathing or walking, on a beach or other open space (including your own garden) and doing so with reasonable consideration for others, you have every reason to defend your right to continue should you be challenged by a police officer or a representative of the landowner or local authority.

In law, there is no difference between "official" and "unofficial" beaches or any other part of the countryside.

However, if public nudity is intended to cause "harassment", "alarm" or "distress", to "insult", or is associated with sexual activity an offence may be being committed.

How your behaviour is interpreted is likely to depend not only what you are doing, but also on the circumstances in which you are doing it.

Let's put it this way:

If you are in the habit of sunbathing without clothes on a quiet stretch of beach, perhaps one with a long history of such activity, then you are very unlikely to find yourself in trouble.
If you attempt to walk naked down your local high street you will, within a few minutes, be coming into contact with the police.

The Detail

Check the Sixty Second Guide to naturism and the law.



Please Note:
The information given on this page is intended only as a general guide to the the legal position . It was not written by a legally-qualified individual.
It should not be relied upon as a definitive guide to the law , and is only applicable to England and Wales. The law in Scotland and Northern Ireland may be different.

Neither the author nor the publishers of this FactFile can be held responsible should naturism or nudity cause you to be arrested and / or prosecuted for any offence.