Naturism and The Law - In Your Garden

Anti-Social Behaviour Orders

Introduced by the Crime and Disorder Act 1998, Anti-social behaviour orders (ASBOs) are court orders which prohibit the recipient from specific "anti-social behaviour". In practice, ASBO's are a way of criminalising behaviour that is not, in itself, against the law.

ASBO's can be used to target specific persons if they persistently cause "harassment alarm or distress" to others.

According to the Home Office:

The aim of an ASBO is to protect the public from the behaviour, rather than to punish the perpetrator.
An ASBO is a civil order, not a criminal penalty – this means it won’t appear on an individual's criminal record.
However, a breach of an ASBO is a criminal offence punishable by a fine or up to five years in prison.

The following agencies can apply for an order:

Local Authorities
Police Forces and British Transport Police
Registered Social Landlords (RSLs) and Housing Action Trusts (HATs)

ASBOs can be issued to any person aged 10 or over and run for a minimum of two years.

While ASBO's have been used in circumstances that were not envisaged when they were first proposed, the requirement that the behaviour is 'persistent' would make it difficult to apply to a single incident of nudity in a public place.

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.