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Public Order Act 1986

Of the offences defined in the POA, that most usually relevant to naturists is:

Section 5 - Harassment, alarm or distress

A person is guilty of an offence if he -

  • (a) uses...insulting words or behaviour...or
  • (b) displays any writing, sign or other visible representation which is...insulting, within hearing or sight of a person likely to be caused harassment alarm or distress thereby.

A less serious offence than Section 4A and carrying a maximum penalty of a fine of £1,000 The prosecution do not have to prove that a member of the public was actually caused harassment alarm or distress and do not have to prove that the offender intended to cause anybody harassment alarm or distress but, as the CPS notes:

"There must be a person within the sight or hearing of the suspect who is likely to be caused harassment, alarm or distress by the conduct in question. A police officer may be such a person, but remember that this is a question of fact to be decided in each case by the magistrates. In determining this, the magistrates may take into account the familiarity which police officers have with the words and conduct typically seen in incidents of disorderly conduct."
"Although the existence of a person who is caused harassment alarm and distress must be proved, there is no requirement that they actually give evidence. In appropriate cases, the offence may be proved on a police officer's evidence alone."

In relation to Section 5 it is a defence for the accused to prove -

  • a) That he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
  • b) That he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
  • c) That his conduct was reasonable

Police power of arrest under Section 5 is limited:

A constable may arrest without warrant if -

  • a) He engages in offensive conduct which the constable warns him to stop, and
  • b) He engages in further offensive conduct immediately or shortly after the warning

In other words, the police must give you a warning to stop your "disorderly behaviour" and only when you ‘refuse to stop being disorderly’ can they arrest you. You can therefore avoid being arrested by getting dressed when requested to do so by a police officer. Furthermore, there has to be evidence of disorder and until someone complains to the police about your nakedness, the police cannot even give the legal warning asking you to re-clothe.

However, the prosecution do not have to prove that anybody was actually caused harassment alarm or distress, and do not have to prove that the offender intended to cause anybody harassment alarm or distress.

[See also Police Powers ]

Comment

When this law is invoked by Police officers, they will usually state that "we have received a complaint about nude bathers", etc. However, the police have no general duty to act on a complaint and the powers they employ are generally coupled with wholesale discretion as to their use.

When offences are as broadly drawn as they are in this case - and much else that emanates from the Home Office - there is a natural tendency for that discretion to be exercised in whatever way seems expedient at the time. Thus, a situation can arise where [relatively powerless] law-abiding naturists can be repeatedly harassed because their presence offends the nearby [relatively powerful] golf club.

This has the unfortunate effect of moving toward a situation where the rule of law ceases to exist because there is almost nothing in life beyond the discretionary power of officials of various sorts (including the police). Anything at all may result in punishment.

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.