Public Interest considerationsĪ prosecution will not automatically follow where a case passes the evidential stage of the Full Code Test. Given that someone conducting their business naked in public is acting in a way that does not conform to the normal standards of society that require people to be clothed in public, 'disorderly' would appear to most aptly describe this behaviour. This is because the behaviour in question will often not appear to cross the threshold for being 'threatening' or 'abusive'. When deciding whether a case passes the evidential stage of the Full Code Test, prosecutors should consider whether the behaviour can be described as 'disorderly' (rather than threatening or abusive). Section 5 POA is summary only and a non-imprisonable offence. In order to breach section 5 POA a person needs to have used threatening or abusive words or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress. Regard needs to be had to the question of whether a prosecution is in the public interest. 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). 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). 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. Recommended approach to naturismĪlthough 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. In the case of naturism 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.
Whilst many naturists will restrict their activities to specially designated areas and/or places where there is a tradition of naked activity, such as nudist beaches, others may wish to enjoy nudity more widely.
Naturism is used to describe the activities of persons who espouse nudity as part of their lifestyle.
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