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Trespassing and security quedtions

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Speed

Got Epic Slow?
Regular User
1. Theres lots of laws relating to security guards and dogs but you cant rely on any of them as sites can have dogs on them that arnt necessarily classed as security dogs or whatever and they can roam about and do whatever they like with no laws applying other than what would apply to a pet. You just have to take your chances really! Its highly unlikely a proper security company would knowingly set a dog on you but they dont always have them on the lead to start with and dont have to so just be careful.

2. No you cant be fined for trespass at any time let alone on the spot. (unless its railway/protected site etc but then it would go though an unpleasant court process so the fine would be the least of your worries)

3. In the actual law fences are irrelevant really as are walls or doors although obviously if you can just walk on somewhere it will be viewed as 'less bad' than if you have to scale a massive fence. The law doesn't necessarily dictate the way people will treat you so dont think you can use it as a magic 'get out of jail free' card unless your willing to go through all the arresting and lawyer hiring first. Laws only count in the court room really.

4. Protected sites need to be signed at a specified intervals (and have to have intact fences etc) for the laws to apply but again i wouldn't like to stand up in court and argue i was just fine to be in the reactor room of some nuclear plant because the signage on the fence had fallen off.. If i was you id stop looking for excuses to get away with it. Thats not how things work until you're in the court room and you dont really want to get that far.


5. Probably 95% chance of getting told to do one but it depends a bit on exactly what the situation is and how you go about 'asking' Some places are possible by asking on the dooorbstep, others you will have to send a million letters and emails. Remember too its almost unheard of for official access to grant access to all areas. There usually someone standing over you making sure you dont get to check the loft or look in the 'dangerous bits'

Remember im not a lawyer just a guy who has spent the last 12 years or so trespassing almost daily.
 

Jack Rabbit

28DL Full Member
28DL Full Member
If you are that bothered find a different hobby. When the pulse races you will know your having fun.
 

ArtofDecay

28DL Full Member
28DL Full Member

Better? @The.Northern.Squad

In the United Kingdom trespass on the most part is considered a civil offence.

It is up to the landowner to press charges, the Crown itself won't. The landowner, the landowner's agents or the police under direction from the landowner have the right to remove trespassers from their property using reasonable force.

It is against the law to trespass on any land (and inland that includes land covered by water such as rivers or lakes) or in any building. Ignorance of that fact is no defence under this law.

Any person can enter a place if the landowners permit it. However, this does not necessarily make a permanent right of access.. Unless they have dedicated a bit of land to be permanently open.
It is within the power of the landowner to ask any person to leave, assuming that person does not have some other lawful reason to be there.

If the person does not go immediately, by the shortest practical route, then they are trespassing.
Despite the well-known sign ‘trespassers will be prosecuted’, trespass is not a criminal offence and trespassers cannot usually be prosecuted.


Sometimes, people go onto private property, such as woodland. Which is not apparently fenced off and where the owners do not seem to mind. The fact that there is no fence or no sign saying that the land is private does not mean that people can go there. Wandering on to farmers fields or other places which are obviously private is clearly trespassing, but so is wandering over land which may not be so clearly private, if the public has no right of access.

Never ever cause damage to gain entry to a property. If there is no obvious access points, then give it up and leave at once Even accidental damage will be considered an offence. Don't take tools with you on an explore. If caught with them, you will be seen as "going equipped".

In the event of being caught on private property by the owner, or by a representative, Leave immediately by the shortest possible route. Don't use violent/threatening behaviour towards them. Don't make matters worse for yourself by arguing with the person(s) Never take item(s) from an exploration site. This can be counted as theft, and will lead to a more serious matter.

The police can charge under the criminal justice and public order act 1994 only if the trespassers;

  • have damaged the land; or
  • have used threatening, abusive or insulting behaviour to the occupier, the occupier's family, employees or agents; or
  • Between them, they have 6 or more vehicles on the land.
Basically, listen to the landowner and don't be a twat and you'll be on the right side of the law and don't bring a stupid amount of vehicles.

There are a number of sites which are protected by law for the safety of the public and the countries infrastructure, this includes a number of MOD owned sites and all railways both disused and used.

Here is a list of all sites protected under the Serious Organised Crime and Police Act 2005

LqkK2wX.png


Sources:
https://www.gov.uk/government/publi...e-serious-organised-crime-and-police-act-2005
http://www.legislation.gov.uk/ukpga/1994/33/contents
http://www.tl2000inquiry.org.uk/aspx/1037.aspx
http://www.nationalrail.co.uk/service_disruptions/80921.aspx
http://chewy.cc/urbex-law.html
http://www.cps.gov.uk/legal/s_to_u/trespass_and_nuisance_on_land/
Damn, that's a nice big chunk of info. Thanks man :)
 

ArtofDecay

28DL Full Member
28DL Full Member
1. Theres lots of laws relating to security guards and dogs but you cant rely on any of them as sites can have dogs on them that arnt necessarily classed as security dogs or whatever and they can roam about and do whatever they like with no laws applying other than what would apply to a pet. You just have to take your chances really! Its highly unlikely a proper security company would knowingly set a dog on you but they dont always have them on the lead to start with and dont have to so just be careful.

2. No you cant be fined for trespass at any time let alone on the spot. (unless its railway/protected site etc but then it would go though an unpleasant court process so the fine would be the least of your worries)

3. In the actual law fences are irrelevant really as are walls or doors although obviously if you can just walk on somewhere it will be viewed as 'less bad' than if you have to scale a massive fence. The law doesn't necessarily dictate the way people will treat you so dont think you can use it as a magic 'get out of jail free' card unless your willing to go through all the arresting and lawyer hiring first. Laws only count in the court room really.

4. Protected sites need to be signed at a specified intervals (and have to have intact fences etc) for the laws to apply but again i wouldn't like to stand up in court and argue i was just fine to be in the reactor room of some nuclear plant because the signage on the fence had fallen off.. If i was you id stop looking for excuses to get away with it. Thats not how things work until you're in the court room and you dont really want to get that far.


5. Probably 95% chance of getting told to do one but it depends a bit on exactly what the situation is and how you go about 'asking' Some places are possible by asking on the dooorbstep, others you will have to send a million letters and emails. Remember too its almost unheard of for official access to grant access to all areas. There usually someone standing over you making sure you dont get to check the loft or look in the 'dangerous bits'

Remember im not a lawyer just a guy who has spent the last 12 years or so trespassing almost daily.
Cheers for the info, I feel I was kind of asking stupid obvious questions, I did kind of know but just needed reassuring really. Thanks though, helped me out
 

ArtofDecay

28DL Full Member
28DL Full Member
If you are that bothered find a different hobby. When the pulse races you will know your having fun.
Oh once I'm in there I'm fine, massive adrenaline normally, it's just the not knowing what a site's going to be like before you get there and could've just wasted time. Guess that's part of the hobby ay
 

JohnSmith

28DL Full Member
28DL Full Member
Oh once I'm in there I'm fine, massive adrenaline normally, it's just the not knowing what a site's going to be like before you get there and could've just wasted time. Guess that's part of the hobby ay

It is also called doing your research. Look up other reports, the local news, OS maps, google street view (note the year taken) and you will have a good idea about what a site is going to be like.
 

LesD1968

28DL Member
28DL Member
Better? @The.Northern.Squad

In the United Kingdom trespass on the most part is considered a civil offence.

It is up to the landowner to press charges, the Crown itself won't. The landowner, the landowner's agents or the police under direction from the landowner have the right to remove trespassers from their property using reasonable force.

It is against the law to trespass on any land (and inland that includes land covered by water such as rivers or lakes) or in any building. Ignorance of that fact is no defence under this law.

Any person can enter a place if the landowners permit it. However, this does not necessarily make a permanent right of access.. Unless they have dedicated a bit of land to be permanently open.
It is within the power of the landowner to ask any person to leave, assuming that person does not have some other lawful reason to be there.

If the person does not go immediately, by the shortest practical route, then they are trespassing.
Despite the well-known sign ‘trespassers will be prosecuted’, trespass is not a criminal offence and trespassers cannot usually be prosecuted.


Sometimes, people go onto private property, such as woodland. Which is not apparently fenced off and where the owners do not seem to mind. The fact that there is no fence or no sign saying that the land is private does not mean that people can go there. Wandering on to farmers fields or other places which are obviously private is clearly trespassing, but so is wandering over land which may not be so clearly private, if the public has no right of access.

Never ever cause damage to gain entry to a property. If there is no obvious access points, then give it up and leave at once Even accidental damage will be considered an offence. Don't take tools with you on an explore. If caught with them, you will be seen as "going equipped".

In the event of being caught on private property by the owner, or by a representative, Leave immediately by the shortest possible route. Don't use violent/threatening behaviour towards them. Don't make matters worse for yourself by arguing with the person(s) Never take item(s) from an exploration site. This can be counted as theft, and will lead to a more serious matter.

The police can charge under the criminal justice and public order act 1994 only if the trespassers;


  • have damaged the land; or
  • have used threatening, abusive or insulting behaviour to the occupier, the occupier's family, employees or agents; or
  • Between them, they have 6 or more vehicles on the land.
Basically, listen to the landowner and don't be a twat and you'll be on the right side of the law and don't bring a stupid amount of vehicles.

There are a number of sites which are protected by law for the safety of the public and the countries infrastructure, this includes a number of MOD owned sites and all railways both disused and used.

Here is a list of all sites protected under the Serious Organised Crime and Police Act 2005

LqkK2wX.png


Sources:
https://www.gov.uk/government/publi...e-serious-organised-crime-and-police-act-2005
Criminal Justice and Public Order Act 1994
Network Rail – we run, look after and improve Britain's railway
http://www.nationalrail.co.uk/service_disruptions/80921.aspx
Chewy's Urban Exploration - Laws.
Trespass and Nuisance on Land | The Crown Prosecution Service
There is no law of trespass in Scotland. You cannot be arrested or charged for entering an abandoned building or for walking on any land, except miltary bases, A Class roads and railway lines.
However, if you break into a property you can be charged with breaking and entering. If you are asked to leave a site and refuse, the police can be called and you could be charged under Public Order Offences.
Fields are fenced off for a reason, use common sense and remember the land owner is not responsible for your safety, you are.
 

Speed

Got Epic Slow?
Regular User
There is no law of trespass in Scotland. You cannot be arrested or charged for entering an abandoned building or for walking on any land, except miltary bases, A Class roads and railway lines.
However, if you break into a property you can be charged with breaking and entering. If you are asked to leave a site and refuse, the police can be called and you could be charged under Public Order Offences.
Fields are fenced off for a reason, use common sense and remember the land owner is not responsible for your safety, you are.

This is complete twaddle. Ignore it. Scotland is far more strict on exploring than England.
 

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