When Approached by a Police Officer

Should you be approached by a Police Officer while enjoying your naturism, we suggest that you:

• DON'T PANIC - keep calm and remain polite at all times.
• Don't argue - only make suggestions.
• Comply with a request to get dressed - even if you think it's unreasonable.
• Give you name and address - it can prevent an arrest.

Remember that, under Section 5 of the Public Order Act 1986, you can only be arrested if you refuse to comply with a request to 'cover up'.

If you have been treated unreasonably, be prepared to make a complaint after the event:

• Make a note of the officer's number (on shoulder tab)
• Try to obtain names and addresses of bystanders.
• Photograph the location.

Remember also that - with a few exceptions - the Police Officer doesn't want to be wasting his time bothering you, any more than you want to be bothered by him or her. In all probablility, someone is giving him "grief" and demanding that he "do something".

Be polite and friendly, comply with a request to 'cover up' and you are unlikely to give any grounds for an arrest.

Giving the Police your name and address

If you refuse to give a police officer your name and address, or give a false name or address, this alone may provide grounds for your arrest.

The powers of police officers to make arrests under sections 24 and 25 of the Police and Criminal Evidence Act and have been extended by the Serious Organised Crime and Police Act 2005

If a constable has reason to suspect you of committing an offence, he can arrest you if he cannot establish your name and address. The constable may carry out a number of standard checks to establish your identity (the Police National Computer (PNC) and the electoral roll to which the police have electronic access). He may ask you for some proof of identity, or for a phone number of someone who can confirm your name and address. You do not have to give any of these, but bear in mind, that if the constable has "reasonable grounds" to doubt whether the name and address you've given is real, you could be arrested under this section, and refusal co-operate could constitute those reasonable grounds.

If you are arrested for this reason, you can only be held you for as long as it takes to establish your name and address.

After an Arrest

What happens after you are arrested?

A police officer may ask you to go to a police station to make a statement or "help with enquiries". Unless you are arrested, you are not obliged to go and a constable may not arrest you simply to compel you to answer questions - there must be other grounds for the arrest.

An arrest is only lawful if carried out under certain specific circumstances.

The police officer must tell you that you are being arrested and the reasons for your arrest - in sufficient detail for you to judge whether your arrest is lawful or not - there is no specified form of words that the constable must use, but it must be absolutely clear that you are being deprived of your liberty.

After being arrested you must be cautioned, the proper form of words being:

(Not to be confused with 'Simple Caution' which is a "disposal" - an alternative to going to court)

If you are arrested, the police are allowed to search you for three types of article:

Make a note of the officers names and shoulder number.

At The Police Station

At the police station

You are only required to give the police your correct name, date of birth and address and they may contact this address to check you live there.

When you are taken to the station, the custody officer will make a decision whether there is sufficient evidence to charge you with an offence (s.37 PACE), and whether you should be detained in custody or released.

If there is not sufficient evidence to charge you, then one of three things will happen: you will be released unconditionally, released on bail, or detained. To be detained, the custody officer must either have reasonable grounds to believe that further evidence will come to light if you are interviewed, or reasonable grounds to believe that you will interfere with the investigation if you are released.

Your Rights

Your Rights

The custody officer must inform you, orally and in writing, of these rights.

ou have the right to consult a solicitor, in private, at any time. Your access to a solicitor cannot be delayed under any circumstances if you have been charged with an offence. A "duty solicitor" scheme is in operation at every police station in England and Wales, so that free telephone advice or a free visit from a solicitor is available. You should be aware, however, that a "duty solicitor" may not be well versed in the law as it relates to naturism and public nudity.

You have the right to have someone told that you have been arrested, and where you are being detained.

You are entitled to read the Police and Criminal Evidence Act (PACE) 'Codes of Practice' - which tell you what the police can and cannot do while you are at the police station.

You have the right to be provided with writing materials, so that you can make notes. Notes which are made at the time of an event or shortly after are not in themselves evidence, but they can be used in court to refresh your memory.

You have the right to be treated decently whilst in custody. You must be provided with food, drink and, where necessary, clothing, allowed access to lavatories and washing facilities, and held in a clean and well-ventilated environment (s.8 Code C). In any 24-hour period of detention you should be allowed 8 hours to sleep.

As a general rule you can only be held in detention without for 24 hours or at the very worst 36 hours for a serious offence. [different rules now apply to those arrested under anti-terrorism legislation.]

Until you have been advised by a solicitor, it would be wise to decline answer any police questions (except to give your name, date of birth and address) and not to make or sign any written statements or notebooks.

Any questioning by the police that concerns your (alleged) involvement in an offence constitutes an "interview'" and is subject to regulation. The conduct of interviews is covered by PACE Code C and interviews are generally recorded on tape.

Do not plead guilty to any charges and do not let yourself be persuaded to accept a caution on the grounds that it is a quick and painless way to end the matter.

Accepting a caution is an admission of guilt and can have far-reaching consequences.