Lothian and Borders police generally only actively police the public sex environment e.g. toilets, cruising areas when complaints of public sex activity are received from members of the public. The same guidelines apply to all occasions of consensual public sex and not just activity between men. Lothian and Borders Police will not discriminate between men and women or between those of different sexual orientation.

On occasion police will respond almost immediately to incidents and arrive whilst public sex activity is taking or has just taken place. Police action in these cases will be fair, proportional and based on the information available.

However, it is more often the case that complaints are made of a long standing nature or in regard to a particular area. In these circumstances the police will adopt a 3 stage approach 1. Prevention 2. Enforcement 3. Post enforcement.

1. The Prevention stage involves working with partners to discourage the use of a particular place . Measures include environmental changes such as improvements to lighting, cutting back shrubbery and graffiti removal. Signage will be displayed informing users of regular police patrols in the area. Partner organisations such as ROAM will be asked to publicise that complaints have been received and that there are likely to be extra police patrols in the area.  
2. Enforcement Stage, this involves more robust policing of those continuing to visit the premises. However, it must be noted that there is rarely any need to move to this stage.
3. Post enforcement is a general review of the whole process and monitoring that environmental changes and signage are maintained.

The relevant legislation is:

1. Public indecency, there are 2 elements

• the act itself, and
• the effect of it on the minds of the public.
• Be aware - drink/drugs can effect your judgement
• Trust your gut instincts - if it doesn't feel right don't do it
• Be discreet - keep a low profile and out of public view

Sexual activity in public view falls in this remit.

2. Breach of the Peace

• A common law crime and is constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner to the alarm, annoyance or disturbance of the lieges. It may be committed anywhere.

If you have any questions please contact a ROAM worker on 07774628227 or email on enquirires@roam-outreach.com