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Question - Anyone ever been taken to court over Civil trespass? | General Exploring Chat Forum | Page 2 | 28DaysLater.co.uk

Question - Anyone ever been taken to court over Civil trespass?

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Fido Dido's Cousin

28DL Full Member
28DL Full Member
Only ever had trouble once (slightly documented on I think what was my first post on this very forum). We got let go on the basis of that, there was no damage to the property when the copper had a look around and the land owner looked to be begrudgingly in agreeance there was no malice in our intent and what not, to be there. I think said land owner wanted to make an example of us, but it was a Sunday afternoon and the coppers were probably happy with doing F all and were glad to let us go.

Just be reasonable and overall respectable to whomever gives you a load of gyp and don't give them a reason to kick off, I guess.
 

Wastelandr

Goes where the Buddleia grows
Regular User
There aren't too many examples. Theoretically you can be charged but the cost to do so often means people will not bother to do so.

Certain places are protected under thier own respective laws for somewhat obvious reasons which can make trespass a chargeable offence under these acts (Nuclear sites, national railway systems and airports for example).

There are court injunctions which have been applied for in the past, as mentioned above. These are also costly and are often seen on places that haved attracted certain crowds. (Such as The Shard or certain power stations).

Most members will probably have some stories about police encounters and close calls on here. Often they're called to usher you away and assist in keeping the peace or they have been called with something else in mind such as a suspected burglary. Generally, once they realise what is going on, they'll tell you to get lost and go on about thier day.
Well worded, a good summary

Defo don't let it put you off. Like anything in life things can always go horribly wrong but there's no reason why they should and remember you've only got good intentions
 
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Speed

Got Epic Slow?
Regular User
Best advice i can give is stay off the tourist trail. People only get hassle when they are the 100th person caught that same week and the property owner has become so pissed off with knob heads turning up from all over the place they either start making stuff up for the police to take action or they start looking for these injunctions through the courts. Go where other people don't and if you do get caught usually the owner will be so surprised they won't know what to do.
 

Bikin Glynn

28DL Regular User
Regular User
Out of interest what could someone take you court for?
I mean they could prove you trespassed but then surely have to be trying to claim financial recompense for something.
Damage to property? loss of business? personal stress? I cant imagine it easy to prove any of them, but just to say you trespassed on my land & therefore I want you fined to X amount seems pretty impossible.

Incidentally tresspass falls under "tort" law which basically is to "seek to remedy losses or injury by providing monetary compensation".
 

Speed

Got Epic Slow?
Regular User
In reality they can't and don't. People get in trouble for criminal offences (committing, intent to committ, suspicion of committing etc.) not trespass. Thing is if the police want to give you hassle they will find a way. If they are pissed off with dealing with a problem location they may find a reason to arrest or charge just to make a point. If your really careful you won't give them a way but life's as an explorer is pretty tough if you never expose yourself to a bit of law bending.
 

Oxygen Thief

Admin
Staff member
Admin
power stations are considered criminal trespass i think?

Nnuclear power stations, in fact anything nuclear. They're all specifically listed here....


Most of these places will have armed security, and the police response will be armed.

Only nuclear power stations, or any with a high court injunction such as Fiddlers Ferry. The same applies to any site with a high court injunction. The whole of canary Wharf is covered by an injunction, also the Shard, and several construction sites acoss London, mostly Multiplex ones. You can be charged with being in contempt of court for breaching the injunction if caught on any of those, which can be quite serious. The guy who climbed the Shard got 6 months inside

With the injunctions, you'll probably only know when you get there and there's a copy of the injunction at various places. Technically it's still not a criminal offence to trespass at these sites, but what you're doing is breaking a court order. That carries a serious penalty and it will cost you 6 months in jail, or massive fines, in the tens of thousands.

A more likely tactic is that you'll be arrested for suspicion of burglary. The first time it happens it's unpleasant (after that you'll realise it's just a game and you can jerk them about as much as they jerk you about). That allows the police to remove you from the site and give you 24 hours in a cell. They'll take your fingerprints and DNA, interview you, eat some shitty food, and add the arrest to your police record, and in case you didn't have one, now you do.
 

tumbles

Drama Queen
Staff member
Moderator
Apart from fiddlers ferry, and that mill in wigan I can't think of any measures been taken, it does happen but for your bog standard place nothing will happen, you'd here and know about any exceptions, none of this stops the police if accusing you of bollocks if you get the wrong cop, two years ago had some lass tell me trespass was a criminal offence if you climbed a fence, unsurprisingly when I challenged this we where just let go.
Be surprised, Most big shopping malls, all the Merlin owned theme parks, Lloyds of London.. all these have ā€˜persons unknownā€™ type injunctions
 

Shaun

28DL Regular User
28DL Full Member
One thing worth thinking about is that the police can easily make a "civil" offence a "criminal" or "aggravated" one with very little work and little evidence.
It normally comes to nothing more than a NFA and a telling off.

Your attitude towards security and the police goes a loooooong way into how you are treated too
It doesn't take alot to be detained under these charges yes, but it takes substantial evidence to be charged with it though, although I'm sure we all don't want to end up in court.
 

Oxygen Thief

Admin
Staff member
Admin
One thing worth thinking about is that the police can easily make a "civil" offence a "criminal" or "aggravated" one with very little work and little evidence.
It normally comes to nothing more than a NFA and a telling off.

Your attitude towards security and the police goes a loooooong way into how you are treated too

I dunno, the first time it happened to me we had talked trhe cops around, showed them lots of interesting stuff on the cameras and we were seconds from walking. Some dickhead CID sergeant literally said 'they've wasted our time, now lets waste theirs' and we got arrested.

After that I realised how it fits into the game... be nice as anything up until the point you have been arrested. After you have been arrested you can be a rude jerk, because they WILL release you just as quick as if your nice. And why be nice to people that just locked you up on a trumped up charge?
 

Natah-X

What am I doing?
28DL Full Member
I am mostly unworried about being prosecuted for any explores i do as long as i don't "break or take"anything. This is echoed by almost every urbex resource i could find but my family, particularly my dad is concerned about possible legal ramifications. Anyone have any stories about police encounters at sites and what (if anything) followed them?
If you're on the younger side, dressing and acting like a college kid doing something for a school project usually works for security guards and the like. Once some security came up to me because I was taking pictures outside of the HSBC bank headquarters in Canary Warf (for a real college project). He told me it was technically trespass but he just requested to see the photos I was taking to make sure it wasn't of security cameras and such and just told me to go elsewhere. Guessing most police will be gentle enough with you if you act in that particular way.
 

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