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Cox v DPP [2026] EWHC 2437 (Admin): public nudity and section 5 of the Public Order Act 1986

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)