This is a quote :
As I have said, those are the relevant pieces of legislation that you could potentially contravene by undertaking public play. That could be as simple as leading a sub on a collar and leash or it could be spanking or it could be more sexual play.
The issue isn't the act, or the people doing the act, and their consent or otherwise - the issue is those who witness the act and whether they are offended or caused distress or alarm.
Much like with the law on harassment and disability hate speech - it isn't what the person spouting off thinks - it's what the person it's aimed at feels that is important.
And that's before the issue of the fact that it is impossible to consent to assault and battery and even if your play partner was to say "But I allowed him to hit me it's ok" - that doesn't matter. The assault and battery is an offence in law in and of itself - the consent or otherwise of the victim is irrelevant. There are limited exceptions by custom and practice for sporting activities and the like, but these are limited and BDSM does not fall into those exceptions.
I am not saying that if you were to engage in public play you would immediately be arrested and charged. What I am saying is, these are the relevant pieces of legislation that you are contravening and these are the offences that you are potentially committing.
Any kinkster who wants to give it a go and be the mug to take a test case, knock yourself out.
Pre-spanner there was the Donovan case, my comment below:
Over 50 years separate the Donovan and Brown cases and the thought is that many practitioners of BDSM were taking the view that the fact that there hadn't been a case in 50 years meant that defacto BDSM had become legal by default - the omission of a case meant that it was now legal. It was stated clearly in the Brown case that BDSM still remained illegal and it was for Parliament to act to make it legal, should they so wish to do so.
Also for those who believe that writing of a contract to cover a scene will cover their ass - no such luck, not in this particular smidge of blob of jurisdiction.
The relevant case in UK law is Sutton v Mischon de Reya and the attempt to enforce a BDSM contract was described as "an attempt to rectify an unlawful ideal" and the contract was unenforceable.
I could go on. I make it clear it’s illegal. I don’t think some of you realise just how much those of us in the community are trying to enforce standards.