Author Topic: Free Range naturism gains legal acceptance in Scottland.  (Read 2886 times)

Greenbare Woods

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Free Range naturism gains legal acceptance in Scottland.
« on: October 22, 2018, 03:13:13 PM »
BN members have done it again.   Flushed with the success of BN getting acceptance of public nudity in England and Wales, a BN member has negotiated similar freedom in Scotland.  They still won't just come out and say "Naked is fully legal" but they will say that sans sexual activity the police won't arrest people for being naked in public. 

Quote
The Chief Inspector had discussions with his counterpart in Command and Control and it was agreed that where a Naturist was using their garden, beaches or out walking naked callers would be advised that it is not illegal to be naked and no further action would be taken by the police. They will only investigate if there are indications of disturbed, disruptive or sexual behaviour. By disturbed they mean behaviour suggesting drug, alcohol or mental health issues. If there is no indication of any behavioural issues police will take no further action.

https://www.bn.org.uk/news/information/about-bn/legal-success-in-scotland-r504  Legal Success in Scotland.
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jbeegoode

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #1 on: October 22, 2018, 06:17:20 PM »
Wow! Seven years for Gough and now this!?!

Congratulations All those of Scotland including our hosts. How are you figuring to take to this change? I know what I'd do.

This may change my bucket list. I had a trip to the realm of some of my ancestors, at least those traced back the furthest, for a "one of these" days trip. Maybe check up on the family stories and verify. A nude romp certainly makes a place look more inviting and friendly.

Maybes tread the trail that Ian took: https://thefreerangenaturist.org/2016/08/23/my-scotland-caching-trip-a-trip-report/

Woohoo!
Jbee
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eyesup

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #2 on: October 23, 2018, 06:35:05 PM »
Whatever the acronym SANER stands for it is an appropriate one. More level heads and cooperation between naturists and the police can only be an improvement.
The link to another article, College of Policing guidelines had a quote:

In summing up the position for the Government, Lord Falconer made the situation abundantly plain:
Do we intend to catch the streaker? No, we do not.
Do we intend to catch the Naturist? No, we do not.

It appears the law is beginning to realize that a majority of people, while not naturists or nudists, aren’t worried about being infected by the naked disease.

Progress!

While there you may be able to bag a couple of Munros, Jbee.
I think I know a couple folks that could give you some ideas.

Duane

nib

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #3 on: October 23, 2018, 08:54:43 PM »
Whatever the acronym SANER stands for it is an appropriate one.
...

It's the Scotland And Northern England Region of British Naturism!

Cheers,
nib
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nuduke

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #4 on: October 24, 2018, 09:04:39 PM »

It is great to see all this emancipation being achieved and accepted by the police in the UK.  I am uplifted.  I wonder if this a response to activism by a few or increasing instances of nudity in public or semi public places being encountered such that it is becoming a nuisance to the police to get calls for benign and trivial nudity?  Is naturism becoming more popular?


BTW - Hello Nigel!  Good to see you're still about here and lurking in the shadows. :)
John

Peter S

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #5 on: October 25, 2018, 08:21:54 AM »
I think it reflect# a timely strike by British Naturism - given how police resources are so stretched these days, highlighting something they don’t need to respond to as it isn’t a crime saves them time, money and effort, so i’m sure they welcomed BN’s initiative to give them a get-out. Win-win.
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HillwalkerDundee

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #6 on: January 04, 2019, 01:48:39 PM »
Having been a naturist for most of my life and living in Scotland I am really pleased with this turn of events. I have walked the hills and on the flat for a number of years and not had a bad reaction to those rare encounters. Nevertheless, I have now printed out the guidelines and a number of documents that appear to clarify the position just in case the Police do intervene.

I walk the hills, usually 4 days a week for 3 or 4 hours at a time. Even this morning I was out at 7:30 in minus 2c. Bracing. Rarely do I see anyone and those few have been very positive, if a bit giggly. These are hills I know well but even when I stray further afield, I have yet to encounter an adverse response.

Georgew1959

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #7 on: January 08, 2019, 08:31:50 AM »
........I have now printed out the guidelines and a number of documents that appear to clarify the position just in case the Police do intervene.

Good idea, I think I'll do likewise. My naked walking will continue unchanged. I haven't yet had an adverse reaction from anyone, nor had an encounter with the police. It'll be reassuring to have that in my rucksack though, just in case.

Davie

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #8 on: January 08, 2019, 09:39:16 AM »
Our BN membership cards show a link to the agreed policy with the College of Policing. This may be shown to an Officer if challenged about being simply naked were there is no sexual or exhibitionist behaviour

Davie  8)

HillwalkerDundee

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #9 on: February 16, 2019, 07:39:39 AM »
It gets a little better too. I have received a response back from the Forestry Commission Scotland regarding naturists on their estates. Positive so far, I am waiting for clarification on a couple of points.

jbeegoode

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #10 on: February 17, 2019, 08:13:06 PM »
I'd like to hear about that. I'm figuring that any delayed responses could be shuffle of inquiries. This is all news to many officials and those in powerful, or influential positions, so that has to bump into resistant minds, somewhere along the track.  I'm curious how this all works out. Will there be some degree of shove back anywhere? Attempts at compromise, or interpretations that would dilute the clear absolute nature of the legal statement? There has to be those who are dumbfounded to see such a document. How do they react (besides the dumbfounded part ;))? Does everyone just go along with the higher authority? Does the court process, which would uphold the paper discourage resistance?

Here, a court challenge would be made somewhere, which would bog things up.
Jbee
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HillwalkerDundee

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #11 on: February 28, 2019, 01:10:08 PM »
The F. C. estates covers large areas of Scotland. As a member of the public I have the right to responsible access and as a naturist I have the Procurator Fiscal's guidance.

I recently wrote Phil Whitfield of the F.C. asking for their policy on nude walkers on their estates. He responded positively as follows:

1. Me to F. C.
I am writing regarding the above in order to clarify the policy of F. C. Scotland with regards to naturism, in particular, naturist walking on your estates.

As you are aware, with the right to responsible access, people are walking over huge areas of Scotland including those owned by F. C. Scotland. In April 2018, the Crown Prosecution Service issued guidelines covering England and Wales that clarified the position regarding public nudity.

Essentially, the guidelines state that, subject to there being no sexual element, being nude whilst pursuing a lawful activity is not illegal. A range of lawful activities were provided as examples including activities in the garden, on beaches and walking outdoors. I understand that these guidelines have been embraced by F. C. England and that one of the rangers in Sherwood Forest England provides advice on the matter to F. C. England.

In Scotland, the Procurator Fiscal and Police have also adopted these guidelines subject to there being no sexual element and that the naturist has not INTENDED to cause fear and alarm. This development, has been subject to extensive conversations and emails with the Deputy Chief Constable of Police Scotland and the organisation British Naturism. You will have noticed that there were many reports this year of New Year's day skinny dipping and Edinburgh's participation in the World Nude Bike Ride will see full nudity for the first time. This is on the back of Dunoon's "The Gathering" which has always conducted itself properly and with the support of the local Police.

With these changes now in place and with the support of Police Scotland, can you clarify the position of F. C. Scotland is regarding naturism on your estates.

Regards
-------------------------------------

2. F. C. to me
Dear Garry

Thanks very much for your enquiry and I hope you can accept my sincere apologies for the delayed reply.

We’ve not sought a legal opinion on the status of naturism in Scotland although I have read the CPS guidance for England and Wales: As an organisation, we would take a common-sense view on the matter and leave legal issues to others.

For members of the public, responsibly accessing the land we manage, under the Scottish Outdoor Access Code, we only require that everyone respects their rights and responsibilities under the Code.

Should a naturist group wish to run an event, just as any other group, permission might be required and details on how to apply can be found on this page: https://scotland.forestry.gov.uk/managing/get-involved/permissions-and-permits#sportingevent.

Permission would not be reasonably withheld and I’m sure our staff would refer to the guidance above, along with taking a local view from Police Scotland.

I hope that’s helpful.

Best wishes
------------------------------------------------

3. Me to F. C.
Dear Phil,

Many thanks for your reply. I can understand the difficulty in obtaining information regarding my enquiry as naturism has only recently benefited from clear guidance and, apart from the "go to" female ranger in Sherwood Forest, it isn't easy to find a path through the legislation and Procurator Fiscal guidelines. For easy reading, I have attached the simplified versions of the guidance as created by British Naturism (bn.org.uk). BN is the main naturist body in the UK and liaise with the Governments and other bodies on all things naturism.

I tend to walk either on my own or with one or two friends rather than a large group starting at Balkello Community Woodlands and then on to land owned by Strathmore Estates. I walk virtually every weekday though never at weekends as the area is used more heavily and I have no wish to offend anyone. I usually arrive at 7:30am and, if there are no other cars in the car park I will walk a couple of hundred yards before disrobing. If there are cars in the car park and I know the owners usual routes then I will only disrobe at a point past these routes. If I don't know the cars then I will walk clothed until I reach the Strathmore Estate which is entirely moorland with very few walkers. At all times, I carry a wrap around sauna kilt which, thanks to Velcro, takes just seconds to put on.

This type of respectful behavior is how I have always conducted myself and is similar to the vast majority of other naturists I have met and talked with. None of us wish to cause offence and I have had very few negative comments from the many people I have bumped into over the years. Most people will either smile benignly, giggle or make comments such as "that looks very relaxing" or "you're brave" (a common comment as I often walk in temperatures as low as minus 2c).

I hope that the above reassures you.

Regards
------------------------------------------

4. F. C. to me
Hi Gary

That’s really helpful. The guides you’ve sent here and the description of your own personal approach, really help us to understand naturism and will make it easier for our staff to consider these issues in future.

Thanks very much. Best wishes
------------------------------------------------

The F. C. estates covers huge areas of Scotland. From the tone of their comments I suspect that this is the first time they have been approached on the matter. They certainly seem to be reasonably positive so fingers crossed for the future.

jbeegoode

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #12 on: March 01, 2019, 02:06:06 AM »
It seems that once rule of law gets out of the way, people tend to tone it down and become more accepting. It seems very wise that your approach is cooperative and helpful. My attitude can be more direct and righteous at  times, thinking that no one would be correct to find offense. Here, you are not out to jostle the status quo and they feel less threat by your naked presence. There is nothing for them to react to or be concerned with.
Jbee
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Davie

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #13 on: March 01, 2019, 09:43:52 AM »
We need to persuade people we are OK. Forcing nudity on people may be counterproductive. Sure we rightly have rights but the last thing we want is a negative reaction against us. Over here in the UK we are making good positive advances. We need to keep it that way. HillwalkerDundee is making a great approach, similar to that around the Dunoon area whilst The Gathering was taking place. The local FC there put a notice out to the effect naturists may be seen on various dates and if you are offended by this, go elsewhere. Needless to say there were no problems at all. We will be back over the May Bank Holiday

Davie  8)

HillwalkerDundee

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Re: Free Range naturism gains legal acceptance in Scottland.
« Reply #14 on: March 01, 2019, 01:07:06 PM »
I have been a naturist in one form or another for most of my life. I totally accept the concerns that some people have and by trying to fit around them whilst, at the same time, not keeping my naturist activities a secret, I do what I want and let them know it is happening. Familiarity begets education.

Over the years, hundreds of people have seen me naked from a distance. Far fewer have seen me close up but, when they have, it is no big deal, I make no secret that I am naked and simply wrap a sauna kilt around me if needed.  Fewer still know me well and walk with me chatting, me naked, them clothed. In my time, I have had very few negative comments.