A way out of the naked rambler dilemma: let a jury decide

I have blogged recently about The Naked Rambler, and apologies to readers who feel that it is becoming something of an obsession. There are, I suppose, many more important legal issues than the largely self-inflicted fate of one obsessive individual. On the other hand law is nothing if it is not about the protection of individual rights and Stephen Gough’s lengthy campaign does raise a number of important questions. Should we really go to great lengths to prosecute a man for doing no more than expose his un-air-brushed, and un-hair-brushed, body in a society in which highly sexualised near nudity is widely accepted? Is the ASBO regime appropriate to criminalise activity which might well not otherwise be criminal? Does the existence of Mr Gough’s ASBO mean that he is in effect denied the chance of a jury’s verdict on his behaviour? And do we not have many better ways to spend public money than to prosecute and incarcerate Mr Gough until the day he dies? Continue reading “A way out of the naked rambler dilemma: let a jury decide”