Re: Clothesfree petition ends on the 28th....

On 19 Sep, 08:17, Craig M <snowmanmag...@xxxxxxxxxxx> wrote:

The SG example is a little odd in this context. As far as I'm aware,
on more than one ocasion the police arrested him, whereupon he was
charged, convicted and imprisoned - so it's difficullt to make the
case that the police's intervention was 'wasting resources on
unimportant matters'. You might like to argue that the entire process,
including the courts (including I believe the appeal court), was a
waste of time, but you can't criticise the police when their actions
were fully endorsed by the judiciary.

Although SG was arrested several times in England (in Newquay, Andover
and Shropshire at least) for what the press reported as breach of POA
and "indecency" reasons, I do not think he was actually convicted, in
an English Court for simple nudity, indeed I think in every instance
it was dropped "though a lack of evidence". I.e. although there was
always masses of evidence he was "naked", and he always proclaimed
this, there was never any suggesting any offence was actually
committed. If I am wrong on this please let someone correct me with
examples.

There may have been a contempt case regarding nudity in court (in
England), after he was erroneously taken there having committed no
initial offence, but I am not sure of that, or what the outcome was.
Can anyone clarify this?

If my recollection is right, then yes he is an example of wasted
Police and CPS and Court resources on cases that were doomed to fail,
which, if the Police Officers involved had been correctly informed on
the relevant law would never have got started, (in England & Wales at
least).

Whilst he was arrested (always under thier BoTP I believe), convicted,
and jailed under Scottish Law, I was still under the impression the
issue leading to imprisonment was more nudity in court leading to
contempt issues rather than nudity in the street being definitively
unlawful. Indeed based on press reports I am still not clear if BoTP
in Scotland is in fact really so different from the equivalent in
England and Wales, as interpreted by case law, as the two systems do
in fact share basic principals/elements. Or if it was just that he
never argued the correct legal point(s). His argument seemed to always
be based on just stating that he felt it was his human right to be
naked. A successful prosecution is not always evidence that a law was
really broken, it may be that it was just a badly defended case taken
under a mistaken interpretation of the statute.

Basing any legal interpretation on press reports is always fraught
with uncertainty as the gentlemen of the press generally abbreviate
what is happening to the extent that the actual legal points are more
often than not skipped over (other than say in a Times law report). If
the Scottish BoTP case law is bound (or guided) by the equivalent
English case law, then this is further evidence of tens of thousands
of pounds being spent on a matter that was never actually a criminal
offence at it's initiation, (even if it later lead to contempt of
court offences), public expense that could therefore have been avoided
by an appropriate Home Office Circular being issued and followed such
that no initial arrest would have been made.

If it is to be used as "evidence" however, it would need research
beyond looking at the press reports.

Gnome

.

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