07 September 2023 , 08:00
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Brits are embracing a sweltering September as hot temperatures reached an all-time high this week, which will continue into the weekend. Many people will be making the most of the extreme heat, which could mean getting the paddling pool out, preparing a barbeque, and basking in the sun. And if you have access to a garden, what better way to enjoy the warm weather in the privacy of your own space without having to come into contact with half-naked strangers and packed public areas?
If you're looking to get a tan while out in your garden then you might think that it's a good idea to strip off so you can avoid messy tan lines, but you need to be careful, as police have warned you could be breaking the law even if you get naked in your own private garden.
In England and Wales, it is not an offence to be naked in public, but there are caveats attached as you cannot be nude with the intention of causing "distress or alarm" - as this is an offence under Section 66 of the Sexual Offences Act 2003.
The advice from the police is to let your neighbours know what you're up to before you head out into the sunshine (stock photo) (Getty Images/iStockphoto)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." While you might be on your own property while in your garden, most of us living in terraced houses will know that it's often fairly easy to catch a glimpse of your neighbour's garden, even if you're not intending on snooping.
This means that even though you're not necessarily naked in public, you could still cause "distress or alarm" to your neighbours - although you're only breaking the law if you "intended" to do so. So, what should you do if you want to sunbathe naked without worrying about your neighbours?
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The advice from the police is to let your neighbours know what you're up to before you head out into the sunshine with no clothes on, as well as trying to set up camp in an area of your garden that is screened from view. Surrey Police previously shared a post about the issue after a row between neighbours in Reigate.
They 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. "In the real world, however, you would be well advised to take some simple precautions."
However, the law is clear in that an offence is only possible if the naked person had the intention to cause alarm or distress, and British Naturism states you have "no obligation" to tell your neighbours what you're 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."