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Daily Record
Daily Record
National
Sophie Law

Is it illegal to sunbathe naked or go 'taps aff'? Scotland's laws explained

A sizzling heatwave has got Scotland sweltering, with temperatures soaring across the country this week.

We all know as soon as the sun breaks through the clouds, Scots are "taps aff".

If you are truly Scottish, you will be blowing up the paddling pool and stripping off the layers to catch some elusive rays in the garden or local park.

But is it legal to sunbathe in the nude or go topless?

Here are the Scottish laws explained...

Can you sunbathe topless or naked in Scotland?

Can you sunbathe topless in Scotland? (Getty Images)

There is no Scottish law against being naked, or partially naked, in a place where you can be seen - but you have to be discreet and mindful of others.

A member of the public would have to prove they had been put in a state of alarm or distress by your nudity.

In Scots there is just the common law offence of offending public decency - a strand of the breach of the peace.

But if you're not causing offence to the people around you, it's technically not illegal to be naked in a public place.

You are allowed to sunbathe in your garden so long as so you aren't offending your neighbours.

The advice from the police is to let your neighbours know if you plan to sunbathe topless in your back garden to avoid any awkward situations.

You would need to be mindful of young children, vulnerable people or the elderly - and remember that exposing your intimate areas will likely cause discomfort to those around you.

The police always advise those who do want an all-over tan to be inconspicuous.

According to the Crown Prosecution Service "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".

In Scotland, you can be arrested under indecent exposure if you are naked in a public place.

The Sexual Offences Act 2003 outlines that it is a prosecutable offence for a person to intentionally expose genitals or intend for someone to be alarmed or distressed by their appearance.

Under Scots law, "indecent conduct" in a public place can constitute the offence of "public indecency".

It's considered by law to be indecent exposure if a woman's nipples are free of clothing and clearly visible.

However, people's attitudes towards the female body is slowly evolving to be more tolerant.

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