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Arrest "to prevent a breach of the peace"

The police will often threaten arrest for breach of the peace when their other powers of arrest are inadequate. The police can only exercise this power if they reasonably believe that you are using or are about to use violence against persons or their property. Of more relevance to public nudity, they can also arrest you if they reasonably believe that by your actions you are provoking or will provoke the imminent use of violence by others.

If your naturist activity is taking place at a traditionally tolerated beach or other quiet and remote location this would seem very unlikely and it would be reasonable to draw the officer's attention to this point.

The police will usually issue a warning before they arrest for breach of the peace.

If you are arrested for breach of the peace, the police will either let you go after a “cool-down” period, usually of up to 6 hours, or you will be kept overnight and brought before a court the next day to be charged. The court will offer you a “bind-over” which you can either accept or refuse.

Binding over to keep the peace

It is enough for the prosecution to prove that there was a real risk of violence (not necessarily from the person arrested) to justify the exercise of this power. There is no right to bail, and therefore anybody arrested for this purpose can be kept in police custody until the next available sitting of the magistrates (even over a weekend). The person brought before the court must consent to be bound over - refusal to consent, if the magistrates find that the application is justified, carries the risk of imprisonment. Most people agree!

An order to bind somebody over will specify a period of time (usually twelve months) and a sum of money (which will depend on the person’s means but is typically in the range £50-£100). Note that this is not a fine, no money has to be paid unless and until the person gets arrested for another matter within the period specified.

In addition to a case of 'Breach of the Peace' the prosecution may sometimes offer a bind-over in court as an alternative to charges for a minor public order offence – e.g. under Section 5 Public Order Act 1986.

A bind over does not rank as a criminal conviction.

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.