Dancing in a bra in front of neighbours is not a crime, even if it is "weird", Scottish judges have concluded.

David Wotherspoon, 41, had been convicted of breaching the peace after he wore women's underwear in his home in view of neighbours in Rutherglen.

After a failed challenge to his conviction he took his case to the Court of Criminal Appeal in Edinburgh, where it has been overturned.

Three law lords said prosecutors failed to prove that Wotherspoon had caused alarm to the public.


Lord Carloway, the Lord Justice General, said: "The appellant's conduct may have been exhibitionist, provocative and even perverse. None of these descriptions render it criminal. Although the wearing of clothing more suited to a different gender has been held to constitute a breach of the peace in certain circumstances, the court is unable to hold that a man wearing a bra in his own home amounts to conduct which is either genuinely alarming to any reasonable person, although it may be to some, or that it threatens serious disturbance to the community."