The Naked Rambler was yesterday cleared of a breach of the peace – and promptly rearrested as he left the courtroom.

Stephen Gough, who made it his mission in life to walk the length of Britain unclothed, had just been cleared by Sheriff Margaret Gimblett of the charge. He was rearrested in the foyer of Glasgow Sheriff Court.

The sheriff had decided there was not enough evidence to convict the 49-year-old former Royal Marine of breach of the peace. Mr Gough had been arrested and charged after leaving Barlinnie Prison in October this year.

The court heard that the Naked Rambler was held only a couple of metres from the prison gate. Because the police acted so quickly in arresting him, no complaints had been received from members of the public, so there was no evidence of a breach.

PCs Amanda Daly and James Clark were waiting for Mr Gough when he left the jail. He was detained after refusing to put on his clothes.

Mr Gough’s lawyer John Good pointed out that for the breach to have occurred, members of the public would have to be placed in a state of fear and alarm and be disturbed or upset. This, he said, had not been proved.

Sheriff Gimblett agreed and dismissed the charge.

But the Naked Rambler’s freedom was short lived. Police arrested him in the court’s foyer and he is back behind bars.

A spokesperson for Strathclyde Police said: “We can confirm that around 6.30pm yesterday [Friday], a 49-year-old man was arrested and charged with a breach of the peace.”

Stephen Gough’s crusade reached its peak in 2003 when he walked the length of Britain, from Land’s End to John O’Groats wearing only his boots and rucksack. Despite being repeatedly arrested, the Naked Rambler eventually reached his destination.

A second walk started in June 2005 was more problematic for the Eastleigh-based walker. He was arrested several times in Scotland, including once when he left Saughton Prison, Edinburgh, wearing no clothes.

Mr Gough claims it is a breach of his human rights to force him to wear clothes.