Case before High Court today (21 April) which may determine whether it is an offence to be naked in public.

The High Court is today (21st April) hearing a case which may determine whether it is an offence to be naked in public.

Neil Cox is a naturist. For most of the months of the year he lives naked for the majority of the time. He shops naked where permitted to do so. He works from home but attends work Teams and Zoom meetings naked. He raises funds for charity naked. He feels more comfortable out of clothes than in them. He is not, however, an extremist. At court he is clothed. 

Unfortunately this has led to conflict with the law. One August morning in 2023 he set out early to shop at a local butchers, one of a number of businesses who welcome him to shop unclothed. Unfortunately he misjudged the time and found the shop closed. So at 6:30am he went to a nearby footpath for a walk while waiting for the butchers to open, found by the Crown Court to be the “quietest location reasonably available to him”.

He walked, unclothed and unshod, with only a small bum bag which contained, amongst other things, guidance from the College of Policing. He did not encounter many people, but he did pass a woman who was walking to work early. Nothing happened as he passed her. He did not approach her, there was no interaction, he did not turn to follow her, he was not aroused. The woman did nothing – just walked by.

However, he also encountered an off-duty police Detective Chief Inspector. The DCI was out for his morning jog, and took exception to Mr Cox. They exchanged words, and the officer carried on his way, before happening upon the woman whom Mr Cox had passed earlier. He asked her to call the police, and she did so. He then doubled-back and detained Mr Cox for outraging public decency. Whilst detaining Mr Cox a second woman approached, and the officer had her call the police too. Both women professed to being surprised to see a naked man. One wondered whether he was mentally ill. The other was angry. The fact remained, however, that Mr Cox said and did nothing to either. 

Mr Cox was duly handed over to uniformed response officers, who walked him up the path to their waiting car. 

In the Magistrates’ Court the charge changed to section 5 of the Public Order Act 1986, disorderly conduct. Mr Cox was convicted. In the Crown Court the conviction was upheld.

That decision is now before the High Court by way of Case Stated. The Court will examine the extent to which “disorderly”, “alarm and distress” have to be narrowly constrained where fundamental rights – articles 8 and 10 of the ECHR – are at play, whether the chance reaction of passers-by can make conduct disorderly if it might not have been before, and the way in which human rights proportionality feeds into the reasonable conduct defence.

Mr Cox’s appeal is a chance for the law to be clarified for those with naturist tendencies. The last time such a case was before the Court it related to Stephen Gough, the “Naked Rambler”, whose extreme behaviour did not make for a good test case. Mr Gough had been convicted having been released from police custody, and headed straight for the town centre at a weekday lunchtime, pursued by a camera crew. His application to the European Court of Human Rights failed because of the sheer number of contumacious incidents. Again, not a suitable test case.

Over the years Chris Jeyes has represented many naturists, starting with the naked protestor, Vincent Bethell, who was arrested while nakedly climbing a lamppost outside the Royal Courts of Justice in the late 1990s. Since then Chris has had:

– a naked rambler in a forest who was taken by surprise by a horse rider, giving insufficient time to put on his sarong (case dropped by the prosecution after judicial review indicated)

– a naked gardener who was painting his shed behind a six-foot fence, but next door could see from their trampoline (half-time submission successful)

– a naked handyman maintaining his rental property but who was visible through glass front door (again dismissed at half time)

– a naked motorist (half time)

– a naked rambler who was convicted – mainly because he had repeatedly drawn attention to himself by waving or turning to follow and talk to people

– the Naked Carpenter, Robert Jenner, whose repeated arrests led to a mistrust of police and sadly a conviction for attempted murder of a police officer.

These cases always test the boundaries between tolerance and order.  We await the decision in Cox v. DPP which is before the President of the King’s Bench Division, and Hill J in the Divisional Court in Manchester today. Chris Jeyes is led by the Chair of the Bar, Kirsty Brimelow KC, and instructed by VHS Fletchers, Nottingham. The Prosecution are represented by Senior Treasury Counsel, Louis Mably KC, and Megan Millar, of 6 KBW College Hill.