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Trespass Law | General Exploring Chat Forum | Page 7 | 28DaysLater.co.uk

Trespass Law



PickleB

28DL Full Member
28DL Full Member
#91
I'm curious - are non-active MOD bases illegal, or is it just a telling off?
Have a read of the posts on and around page 6. Unless it's a SOCAP site then I believe that it is the UK law of trespass that applies, ie not criminal in E&W but possibly in Scotland.

I guess it then depends upon how determined the person making the is to see you punished. At one active MOD establishment it was MOD Plod's habit to inconvenience the poachers they picked up by detaining them until morning and then releasing them on the opposite site of the establishment to their access point and vehicles (it was a big place). Even trespassers at AWE were not always prosecuted, but nowadays I expect that they make use of the caution to make sure that you end up with a record.

Bottom line ... nowhere is a telling off the only available option.
 

DubbedNavigator

28DL Regular User
Regular User
#92
If anyone has time to do it, would it be a good idea to collate the useful stuff here into the original post?

Would save the same questions being asked like above
 

chickenbhuna10

28DL Member
28DL Member
#94
I,ve been the victim of harrassment and threats from my neighbour over the last 2 years. My neighbour recently applied for planning position for work to be done on his conservatory, which took place recently using my garden as a workshop. Since the work was completed by a builder my neighbour has entered my property without my approval and made alterations to the work that was finished. How do I start a civil tresspass against my neighbour?
 

Oxygen Thief

Admin
Staff member
Admin
#95
I,ve been the victim of harrassment and threats from my neighbour over the last 2 years. My neighbour recently applied for planning position for work to be done on his conservatory, which took place recently using my garden as a workshop. Since the work was completed by a builder my neighbour has entered my property without my approval and made alterations to the work that was finished. How do I start a civil tresspass against my neighbour?
We're trespassers not lawyers mate
 

Floox

Pentax Fanboy
28DL Full Member
#96
I think....... (correct me if I'm wrong) that trespass on a dwelling (if someone lives there) counts as criminal trespass. Then again I'm not 100% sure on that.
 

Ordnance

Moderator
Moderator
#98
Its still 'civil trespass' if it were 'criminal trespass' we would not until recently have had squarters... Did you give permission for your garden to be used as a 'workshop' did you object at the time?

You could consult a solicitor on a free 'pro bono' appointment (check first that they offer this)

http://www.lawsociety.org.uk/for-the-public/paying-for-legal-services/
 

chickenbhuna10

28DL Member
28DL Member
#99
I gave permission to the builder to use my garden, but I didnt give permission to my neighbour. The neighbour came round after our whole household had left for work/school. I have contacted the police but I would like to know how to start a civil trespass case. The neighbour also had 2 total strangers with him, who he basically invited into my garden.
 

Haifisch

28DL Full Member
28DL Full Member
Now apologies in advance for this question, as I'm pretty sure I know the answer.

My job is dependent upon me having a clean criminal records bureau (CRB) check. If I was to get caught by security/police at a site which would be deemed civil trespass, would this show up on my CRB? I am aware I have probably answered the question myself so apologies if I have.

However in my job I have to check staff members CRB's prior to employment and have seen a wide range of offences from £5m fraud to theft of lipstick from Boots. My concern was raised when I saw a CRB with no offences on, but a long list of misdemeanors which the individual hadn't been convicted for written in the Chief Inspectors Notes on the reverse. It was a while ago since I saw this CRB (and before I started exploring) so my memory is hazy, but it seemed to identify that the individual had been stopped and questioned by the police on numerous occasions.

I have searched this thread and Googled the question, but can't find any answers anywhere. Just want to be sure that if I get caught, I'll still be able to put food on the table for the wife and kids!
 

Haifisch

28DL Full Member
28DL Full Member
In answer to your question a stop and search won't show up. If you were cautioned/given a warning or arrested that's different. I've been stopped and searched and having recently had to do a PVG (Scotland's version of the CRB) I can confirm a clean record. For most sites it's civil trespass if you're caught.
Cheers for the info! :thumb
 

Haifisch

28DL Full Member
28DL Full Member
It's still part of the railway, i'd expect that the rules apply, closed or not, just like an airport remains on the criminal list even when closed.
Would that apply for disused tunnels too - like the ones closed in the 60's etc?
 

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