Trespass Law

[750XL]

Hi all,

I may have a potential lead but I'd just like to ask a quick question beforehand.

I understand that trespassing on a commercial airport is not 'common trespass' and the consequences of being caught are far more serious, but does anyone know at what point you cross the boarder of 'common trespass'? Is it the physically airport boundary fence, as soon as you step onto airport 'land' or other?

Thank you,

750XL

 

[mookster]

I would have thought it would be as soon as you cross the border from 'public' land to the 'private' land of the airport. The whole airport site would be covered by the different laws.

 

[PickleB]

... I understand that trespassing on a commercial airport is not 'common trespass' and the consequences of being caught are far more serious ... does anyone know at what point you cross the boarder of 'common trespass'?

To give you an idea, have a read of this article: link.

So, it seems you have to pass a warning sign, but note that the legislation is the Civil Aviation Act of 1982 (and not 1992 as mentioned in the BBC's article). Section 39 of that Act says:

Trespassing on licensed aerodromes

(1) Subject to subsection (2) below, if any person trespasses on any land forming part of an aerodrome licensed in pursuance of an Air Navigation Order, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) No person shall be liable under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section were posted so as to be readily seen and read by members of the public, in such positions on or near the boundary of the aerodrome as appear to the court to be proper.​

Hope this helps ...

 

[chiroptera]

I understand that trespassing on a commercial airport is not 'common trespass' and the consequences of being caught are far more serious, but does anyone know at what point you cross the boarder of 'common trespass'? Is it the physically airport boundary fence, as soon as you step onto airport 'land' or other?

It has to be clearly signposted though, found this article about protesters who had trespass charges dropped because signs at the airport didn't clearly state it was an offence to trespass there: BBC NEWS | Scotland | Glasgow and West | Airport trespass charges dropped

That said, personally I don't think I'd risk trespassing at an airport, don't want to get our flat searched ... my flat mates would certainly not appreciate that.

 

[750XL]

Thanks for the replies, that helps clear things up a bit

 

[Ordnance]

I think a sign at every legitimate access point (e.g. Fire Gates) and at regular intervals around the perimeter covers the meaning of the act.

It is interesting to see the case was in Scotland, where trespass law is different to England to start with!

 

[PickleB]

... It is interesting to see the case was in Scotland, where trespass law is different to England to start with!

True ... but the Civil Aviation Act 1982 applies in Scotland as it does in England and Wales. "Air transport" is a matter reserved for the UK Parliament and is not devolved to Scotland. So, while the Courts may be different, this law and its application should be consistent both north and south of the border.

 

[True_British_Metal]

Does anyone know about the former RAF Throckmorton? It's a Qinetiq site, disused but still comissioned and used for military and police training. Reason I'm asking is because there's some stuff there I'd like to see.

 

[PickleB]

Does anyone know about the former RAF Throckmorton? It's a Qinetiq site, disused but still comissioned and used for military and police training. Reason I'm asking is because there's some stuff there I'd like to see.

It doesn't appear on the list of SOCAP sites and if it's not still an airfield, then what's to "know"?

Are there warning signs on the perimeter or at the entrance? If there are ... what do they say?

I think you're talking about a site that is better known as Pershore ... certainly as a Qinetiq site. I'm not too sure what you mean when you say it's "still comissioned".

 

[True_British_Metal]

So no idea then. It is Pershore yeah. I just read it's still comissioned.

 

[Floox]

What would the consequences for criminal trespass be for a minor?

 

[MJS]

60 hours of dry bumming

 

[kachangas]

Just wondering if anyone knows about much difference between the UK trespassing laws and Scottish trespassing laws - except from that 'causing annoyance' clause as mentioned?

 

[kachangas]

Like in England, simple trespassing isn't an offence.

Some things that are different:

In Scotland, it's the police who decide to charge people. They would submit a report to the procurator fiscal who then makes a decision how to proceed (drop the charges, warning, fiscal fine, take it to court).

And in Scotland (unlike in England), Breach of the Peace is a criminal offence, so you could get charged with that. Other possible charges could be Sect. 38 Criminal Justice and Licensing (Scotland) Act 2010: "Abusive or Threatening Behaviour" (aka statutory BoP) or Sect. 57 Civic Government (Scotland) Act 1982: "In building with intent to steal".

But even if you get charged it's very very very unlikely that it would go to court. If you're unlucky you might end up with a fiscal fine but that's about it.

Also, "going equipped" is not an offence in Scotland.

Extremely helpful - many thanks!
Now I know how to deal with that goon... :

 

[kachangas]

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. Another type applies to sites where bye-laws forbid trespass - these include MOD property, railway property, and perhaps other sites like power stations. There is no centralised list of bye-laws, unfortunately, but this site lists MOD bye-laws. A third type of criminal trespass applies to Sites of Special Scientific Interest.
From an urbex point-of-view, it is a good idea to stay away from any active military, nuclear, royal, utility or railway property - pretty much common sense.

I heard you mentioning something about criminal trespass including active utility property

So I am wondering how does draining in culverts/sewers come into that? Can drainers get prosecute for illegally entering drains because of that?