We have covered the case of Stephen Gough, the ‘naked rambler’ and his various travails with the legal system. Courtesy of CrimeLine today (18th September 2013) we saw that the CPS has issued guidance on the prosecution of naturists.
It’s not, frankly, of great assistance to anyone, and is pretty much just a re-statement of the general prosecutorial policy (with a bit of common sense thrown in).
It starts by recognising that the desire to be nude is a legitimate part of an individual’s freedom of expression that needs to be balanced against the right of the wider public to be “protected from harassment, alarm and distress”. After this, it turns to the specific offences, concentrating on s5 Public Order Act.
The gist of it is that if it is done for sexual pleasure, or there was an intent to annoy other people (especially if children are present), or this is an oft-repeated offence, then this points away towards a prosecution. In the absence of those, then it may well not be in the public interest for the individual to be prosecuted.
Interestingly, in relation to ASBOs, the guidance says “Although naked behaviour may fit the anti-social rather than the criminal category, an ASBO carries with it the risk of an early and repeated breach followed by prosecution and ultimately imprisonment. It is questionable whether such an outcome is proportionate either in terms of the cost to the CJS or the penalty incurred. Very careful consideration needs to be given before an ASBO is sought. It should be regarded as a last resort.“
Looking at Mr Gough’s case, none of the above will provide him with too much comfort as, given his lengthy history with the Criminal Justice system, it would probably indicate that a prosecution would be in the public interest.
We await to see whether it will actually make any difference …