| Subject: |
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Re: Lower largo beach |
| Name: |
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DG |
| Date Posted: |
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Aug 31, 08 - 4:08 PM |
| Message: |
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The law review I heard about was by the UK Parliament, looking at a sexual offences bill for England, when some proposals were dropped because they would have criminalised naturism.
BN usually just say "Different laws apply in Scotland" and leave it at that. As far as I can see, there is no clear law on naturism in Scots Law. The only recent document I've come across to make any sort of mention is the Policy Memorandum to the Sexual Offences (Scotland) Bill. The purpose of this bill is to review the law in Scotland on serious sexual offences. In passing however, in paragraph 62 of the memorandum it distinguishes between the crime of indecent exposure and 'the offence of public indecency (which) is a public order offence which would relate to activities such as nude sunbathing, urinating in public or streaking.'
From this you could conclude that actions such as nude sunbathing are illegal in Scotland, but you couldn't take it as definitive. During the process of the Land Reform (S) Act going through the committee stage it became clear that even the Justice Department coundn't say for sure what the existing law on trespass was, and I reckon this is similar.
The bottom line, I think, is that the question of non-sexual nudity has never been considered by our legislators, and so there is no clear law.
The Justice Committee is currently considering the The Sexual Offences (Scotland) Bill, though it doesn't appear that Public Indecency offences are included in it. The committee are taking submissions until Septemer 12th if anyone wants to contribute. I see the BN website says they sent a submission in February. |
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