The Divisional Court (Dame Victoria Sharp P and Hill J) has provided important guidance concerning the interpretation of the section 5 offence and the principles to be applied when Convention rights are engaged.
The Court dismissed a naturist’s appeal following his conviction under section 5 for walking naked along a public footpath early in the morning outside Macclesfield. While the facts concerned public nudity, this case will have implications for other section 5 cases, particularly in the protest context.
Louis Mably KC and Megan Millar represented the Director for Public Prosecutions, instructed by Samantha Davidson of the CPS Appeals and Review Unit.
AC-2025-MAN-000533-Cox-v-DPP_Final-Judgment-of-Divisional-Court (003)