Trespass Law

[catbalou]

You must look the guilty type cat

it was probably my attitude really... since the conversation was kinda on the lines of "you're taking my details for wall-sitting? By, it must be quiet tonight for you if thats all you've got to report on..."

 

[Dempsey]

If you trespass on a golf course to move the flags, it's aggravated trespass. Generally, this does not concern urbexers.

Don't be so quick to assume ha ha!

 

[chiroptera]

Well, its still all the same to me, until 'tweedle dum and tweedle dee' in government change the civil trespass into criminal trespass... (if it ever happens).
Basically, in my opinion a lot depends on the mood of the security/police who turn up to confront you.

I recently got details taken for simply 'sitting on a wall'... wasnt even in the grounds ffs.

I'd say it's not all the same because police could charge you with "in building with intent to commit theft" even if you don't have any tools or other suspicious items with you - whereas for charging you with "going equipped" you would probably need to have some tools etc with you.

With regards to taking your details for 'sitting on a wall', that sounds pretty dodgy ...

In Scotland, police can take your details if they reasonably believe you have committed or witnessed an offence (section 13 Criminal Procedure (Scotland) Act), and they also have to tell you what offence it is. In England & Wales they can take your details if they think you've been involved in 'antisocial behaviour' (section 50 Police Reform Act).

 

[BenCooper]

Well, to get charges to stick, they would have to prove intent. That would be difficult if you were found with a camera gear, it'd be easy if you were found with a crowbar and a bag of swag.

 

[chiroptera]

Well, to get charges to stick, they would have to prove intent. That would be difficult if you were found with a camera gear, it'd be easy if you were found with a crowbar and a bag of swag.

Yes, I'm aware of that. Didn't mean they could actually take you to court, so it's nothing I'm concerned about. But getting charged is rather annoying because you'll be on bail for about a month, so it's obviously nicer not to get charged at all

 

[layz]

Civil Trespass: Civil trespass... you can be sued by the landowner in a civil court for trespass, in Scotland you can only be sued if actual damage was caused.

How likely is this, how many people here have been sued? I got a letter threatening legal action when I went to RAF Thurleigh the other day, I'm a little nervous if I'm completely honest.

 

[catbalou]

How likely is this, how many people here have been sued? I got a letter threatening legal action when I went to RAF Thurleigh the other day, I'm a little nervous if I'm completely honest.

It really depends on the landowner and how far they want to push it through the system.
Their solicitors will advise them how successful (if at all) a case would be if brought to court.
Also strengthens their case if they can pin any damage on you, or whether you were carrying anything to force entry/damage to property/theft..

Im currently waiting to see if anything comes of two separate incidents.. neither of which I had anything on me, well, apart from a camera.. but I'll cross that bridge when (or if) it happens. Landowner wants to press charges, due to the fact there was expensive equipment in there, but I'll wait to see what happens.

You could always enquire for legal advice now, since it was RAF grounds and not your usual run of the mill building explore... to see where you stand on it and possible outcomes.

 

[BenCooper]

I think you could be sued for the theoretical benefit you might have received from the trespass - i.e. If you had sold some images or something.

 

[layz]

It really depends on the landowner and how far they want to push it through the system.
Their solicitors will advise them how successful (if at all) a case would be if brought to court.
Also strengthens their case if they can pin any damage on you, or whether you were carrying anything to force entry/damage to property/theft..

Im currently waiting to see if anything comes of two separate incidents.. neither of which I had anything on me, well, apart from a camera.. but I'll cross that bridge when (or if) it happens. Landowner wants to press charges, due to the fact there was expensive equipment in there, but I'll wait to see what happens.

You could always enquire for legal advice now, since it was RAF grounds and not your usual run of the mill building explore... to see where you stand on it and possible outcomes.

I think you could be sued for the theoretical benefit you might have received from the trespass - i.e. If you had sold some images or something.

Thanks guys, appreciate the responces.

 

[Donnie]

Layz, did you give them your name / address?

 

[Ordnance]

You could always enquire for legal advice now, since it was RAF grounds and not your usual run of the mill building explore... to see where you stand on it and possible outcomes.

RAF Thurleigh is NOT MoD Property so civil trespass applies!

The southern part is now known as Thurleigh Business Park, which includes the runway, which is currently used for the mass storage of cars, The northern part houses the Bedford Autodrome, as well as Thurleigh Museum which is dedicated primarily to the airfield and life in the area during World War 2.

Chances of a summons is SLIM if the Police were not involved and you were not arrested for anything!

 

[True_British_Metal]

Does anyone know what the laws are on trespass on London Underground (as seen in Crack the Surface)? I.e. if I was to trespass on LU property to get to a disused station like Aldwych, where would I stand?

 

[Hidden]

Does anyone know what the laws are on trespass on London Underground (as seen in Crack the Surface)? I.e. if I was to trespass on LU property to get to a disused station like Aldwych, where would I stand?

Criminal I suspect, rail trespass?

 

[True_British_Metal]

Criminal I suspect, rail trespass?

I'd be interested to know if the guys who did the Crack the Surface video got arrested for doing Aldwych...

Also, just out of curiosity where would Mail Rail stand?

 

[Boba Low]

TBM Siolo's written about it all at length, it's an excellent read as ever too.

http://siologen.livejournal.com/

Right there at the top