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Bristol Post
Bristol Post
World
Faye Preston & Toby Codd

Sunbathing naked in your garden could break the law

Britain has basked in sunshine in recent weeks, with many people taking the opportunity to soak up the warmth. While some like to head to beaches and parks, others prefer to enjoy the sun from the privacy of their own garden.

However, you need to be careful if you choose to sunbathe naked in your garden. Although it is not an offence to be naked in public in England and Wales, there are caveats attached.

As reported by YorkshireLive, it is an offence to be nude with the intention of causing "distress or alarm" under Section 66 of the Sexual Offences Act 2003. The Crown Prosecution Service says: "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."

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Despite being on your own property while in your garden, those who live in terraces house will know it is easy to catch a glimpse of your neighbour's garden. This means that you could still cause "distress or alarm" to them, despite not actually being naked in public.

Police advise people to let their neighbours know before sunbathing with no clothes on. They add that you should set up camp in an area of your garden that is screened from view.

In a recent post about the issue, Surrey Police said: "If you want to wander around your garden naked and you are overlooked by neighbours then you have to be careful - an Englishman's home is not quite his castle and your garden is not exempt from the law. In an ideal world, your relationship with your neighbours would be such that they would not object to you gardening in the buff and they would never dream of calling the police."

However, the law is clear in that an offence is only possible if the naked person had the intention to cause alarm or distress. British Naturism states you have "no obligation" to tell your neighbours what you are up to.

They claimed: "There is no law against being naked in public, and so stripping off and enjoying the sun on your skin in your own garden cannot lead to arrest nor can your neighbours make you cover up. Being neighbourly might mean you tell your neighbours that you plan to sunbathe naked but there is no obligation to do so, so don’t hesitate.

"Studies have shown that spending time naked is good for you and so we encourage everyone to take advantage of the wonderful weather and celebrate their uniqueness."

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