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Trespass Law



Ali_Explores

AKA Gary
28DL Full Member
#31
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?
We were lucky as the BTP major investigation team ended up giving us cautions, despite knowing that we'd trespassed at nearly every disused station, most lines, a couple of sidings and the mail rail. The more likely punishment if anyone was caught in the future is £1000 per trespass, and a criminal record. Also possible to get a suspended sentence in extreme cases. It really is up to them if it's a criminal offence... it's the grim reality.

the main answer to your question is a) In Goodge St police station for 22 hours or b) I don't think you have much to worry about.
 

Ordnance

Moderator
Moderator
#32
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?
See 'Transport for London Railway Byelaws' and the 'Transport for London Road Transport Premises Byelaws' ("the Byelaws")
which make it Criminal Trespass same as on NetWork Rail, who pay BTP's wages!

http://www.tfl.gov.uk/termsandconditions/5004.aspx [now in force]

In the run-up to the 2012 Olimpics things can only get tighter...
 

Horus

Butt Wipe
28DL Full Member
#34
Criminal Trespass: One type of this offence applies to a specific list of sites, including defence sites, nuclear power stations and royal palaces. The full list can be found here.
Link is timing out on me, is it just my internet connection?


Also does port law only apply for Wharf docks?
 
Last edited:

BenCooper

Mr Boombastic
Regular User
#35
Timing out for me too - it seems very hard to get the list, I'll have a better look when I have more time. But basically it's everywhere you think it would be, for example:

Her Majesty’s Naval Base Clyde
Northwood Headquarters
RAF Brize Norton
RAF Croughton
RAF Fairford
RAF Feltwell
RAF Fylingdales
RAF Lakenheath
RAF Menwith Hill
RAF Mildenhall
RAF Welford
Royal Naval Armaments Depot Coulport
Sea Mounting Centre Marchwood

Port law applies to most active ports - there has to be a notice on the perimeter fence telling you.
 

BenCooper

Mr Boombastic
Regular User
#36
Okay, thanks to the Wayback Machine, here's the full list:

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 (S.I. 2007 No. 930)
Sections 128 to 131 of the Serious Organised Crime and Police Act 2005 (SOCAP), as amended by the Terrorism Act 2006, provide for the criminal offence of trespass on a protected site.



In England, Wales and Northern Ireland there are four categories of site the offence can be applied to:

i) Crown land;
ii) land privately owned by the Queen or the Prince of Wales;
iii) land requiring designation on the grounds of national security; and
iv) licensed nuclear sites.

The first three categories of site require a designation order to be made by a Secretary of State before the offence applies to them, whereas it applies automatically to all licensed nuclear sites. In Scotland there are only two categories of site, namely: land requiring designation on the grounds of national security and licensed nuclear sites.

This offence was created in response to a recommendation in the report by Commander Armstrong into an intrusion at Windsor Castle on 21 June 2003. He recommended that a new offence of criminal trespass at secure and specified royal and government premises should be considered. This was echoed by the Security Commission Report of May 2004 following revelations of a journalist’s activities at Buckingham Palace in 2003.

After careful consideration it was agreed that a new criminal offence was necessary for two reasons. Firstly, it would create a deterrent to intrusions at high profile, secure sites where such intrusions can pose a very real risk to security. Secondly, it would give the police a specific power of arrest of a trespasser at a sensitive site where no other apparent existing offence had been committed. This was something for which the police responsible for security at such sites had been lobbying.

On 1 April 2006 a designation order made on behalf of the Secretary of State for Defence came into effect designating 13 operational Ministry of Defence sites. The sites are listed below and full details are available at http://www.defence-estates.mod.uk/byelaws/Internet/Intro.html

* HMNB Clyde
* RNAD Coulport
* Northwood Headquarters
* RAF Fylingdales
* RAF Menwith Hill
* RAF Croughton
* RAF Lakenheath
* RAF Feltwell
* RAF Mildenhall
* RAF Brize Norton
* SMC Marchwood
* RAF Fairford
* RAF Welford

On 13 April 2006, following amendments made to sections 128 and 129 of SOCAP by section 12 of the Terrorism Act 2006, all licensed nuclear sites also became protected sites. Full details can be found at http://www.hse.gov.uk/nuclear/licensees/pubregister.pdf.
Civil Sites

* Sellafield, Cumbria,
* Dounreay, Scotland,
* Capenhurst, near Chester,
* Drigg, near Sellafield,
* Harwell, near Oxford,
* Springfields, near Preston,
* Windscale, within Sellafield,
* Winfrith, near Wool in Dorset,
* GE Healthcare sites in Amersham and Cardiff,
* London University’s Imperial College of Science and Technology site in Ascot, Berkshire,
* Berkeley, near Bristol,
* Scottish Universities Environmental Research Centre at Birniehill, East Kilbride,

and the following nuclear power station sites:

* Chapelcross, Dumfriesshire,
* Dungeness A, Kent,
* Dungeness B, Kent,
* Hartlepool, near Middlesborough
* Heysham 1 and 2, Lancashire,
* Hinkley Point A and B, Somerset,
* Hunterston A, Ayrshire,
* Hunterston B, Ayrshire,
* Oldbury, near Bristol,
* Sizewell A, Suffolk,
* Sizewell B, Suffolk,
* Torness, East Lothian,
* Bradwell, Essex,
* Calder Hall, within Sellafield,
* Wylfa, on Anglesey,
* Trawsfynydd, Dolgellau, Wales.

Defence Sites

* Atomic Weapons Establishments sites near Aldermaston and Burghfield, Berkshire,
* Devonshire Dock Complex, Barrow-in-Furness, Cumbria,
* Devonport Royal Dockyard, Plymouth,
* Rolls Royce Neptune site and Nuclear Fuel Production Plant in Derby
* Rosyth Dockyard, Fife.

On 1st June 2007 an order made on behalf of the Home Secretary designating the following 16 royal, governmental and parliamentary sites as protected sites will come into force (The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 (S.I. 2007 No. 930)):

* 85 Albert Embankment, London;
* Buckingham Palace, London;
* Ministry of Defence Main Building, Whitehall, London;
* Old War Office Building, Whitehall, London;
* St James’s Palace, Cleveland Row, London;
* Thames House, 11 and 12 Millbank, London;
* The Chequers estate, near Aylesbury, Buckinghamshire;
* 10 – 12 Downing Street site as well as 70 Whitehall;
* Government Communication Headquarters, Harp Hill, Cheltenham;
* Government Communication Headquarters, Hubble Road, Cheltenham;
* Government Communication Headquarters, Racecourse Road, Scarborough, North Yorkshire;
* Government Communication Headquarters, Woodford, Bude, Cornwall;
* Highgrove House, Doughton, Gloucestershire;
* Palace of Westminster and Portcullis House site, London;
* Sandringham House, Norfolk;
* Windsor Castle, Berkshire.

A copy of the S.I. is available on the Office of Public Sector Information (OPSI) website (new window)

S.I. 2007 No.930 has been amended by The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2007 (S.I. 2007 No. 1387), which will also come into force on 1 June 2007. This amendment order corrects a minor error in the original order in the designated area applying to the Chequers site.

Care has been taken to ensure that the boundaries of each site are permanent, continuous and clear to members of the public. Where possible they follow the existing physical boundary of the site. These boundaries will be marked with appropriate measures to ensure that members of the public are aware of the offence.

It is a defence for a person charged with this offence to prove that he or she did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was designated within SOCAP. In addition, the Attorney General will be required to give his or her consent to any prosecution. A person guilty of an offence under this section will be liable on summary conviction to a term of imprisonment not exceeding 6 months and/or a fine not exceeding level 5 on the standard scale.
And here's the latest working link to it: http://www.legislation.gov.uk/uksi/2007/930/contents/made
 

nkyboy

28DL Member
28DL Member
#37
Under the MSER 2005 which relates to sights where explosives have been manufacturedand and stored, it does not state that a person is committing an offence by simply entering such a sight. However what it does do is place a legal responsibility on the owner of the sight to ensure that no unauthorised persons are present. Therefore the owner is legally required to ask any unauthorised person to leave immediately. If the said person fails to leave the owner is required to call the police to have the person removed. Hmmm..don't know if I would fancy seeing if this worked out in practice though.:
 

Donnie

28DL Full Member
28DL Full Member
#39
Ummm but that regulation applies to "sites used for the manufacture
and storage of explosive" i.e. active sites, not sites that "used to be" used for explosives.
 

Styru

Admin
Regular User
#40
Ummm but that regulation applies to "sites used for the manufacture
and storage of explosive" i.e. active sites, not sites that "used to be" used for explosives.
The two things are exactly the same :rolleyes:

A site is covered by the same rules right up to the point at which it is deregulated - doesn't matter if its full of things that go bang, or an empty concrete shell.
 

Oxygen Thief

Admin
Staff member
Admin
#45
Damn I've sent one of our lorries there tomorrow, guess the drivers in for an unexpected shafting then...
 

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