Author Topic: Criminalisation of Trespass  (Read 769 times)

Offline CNCC

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Criminalisation of Trespass
« on: July 22, 2020, 12:43:48 pm »
Most people will be aware of this already, but better late than never:

https://cncc.org.uk/news/20200721-criminalisation-of-trespass

The last thing we want is anything that could prohibit or discourage responsible enjoyment of the countryside. Therefore, the CNCC, and presumably other regional councils and the BCA will be keeping a close eye on this over the coming months. It's certainly worth all cavers staying informed.
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Offline RobinGriffiths

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Re: Criminalisation of Trespass
« Reply #1 on: July 22, 2020, 02:51:25 pm »
I know the following link has been on here before, but no harm in posting it again..

https://petition.parliament.uk/petitions/300139

Offline Mr Mike

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Re: Criminalisation of Trespass
« Reply #2 on: July 22, 2020, 03:03:22 pm »
At face value, it doesn't seem to target recreational side of things:

"Such measures would not affect ramblers, the right to roam or rights of way. Instead, measures could be applied in specific circumstances relating to trespass with intent to reside. The current Home Office consultation sets out a number of options for consideration, including trespass legislation such as that which has existed in the Republic of Ireland since 2002. This legislation provides for an offence where the trespasser is likely to ‘substantially damage’ the land or interfere with it; the police may direct trespassers to leave and failure to comply with that direction is an offence. Trespass is also a criminal offence in Scotland. The Trespass (Scotland) Act specifically excludes the exercise of recreational/roaming access rights. "

Offline 2xw

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Re: Criminalisation of Trespass
« Reply #3 on: July 22, 2020, 03:33:24 pm »
I wouldn't take anything his government says at face value. What they say and what they do are not correlated.

That also contains vague enough wording to be manipulatable.
"They need to leave their presence will interfere with nesting grouse" etc

Offline Bob Mehew

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Re: Criminalisation of Trespass
« Reply #4 on: July 22, 2020, 07:24:20 pm »
At face value, it doesn't seem to target recreational side of things:
I think that came from a consultation which pre dated the last election.  However, the Conservative Party’s manifesto stated “We will make intentional trespass a criminal offence”, see page 19 top right at https://assets-global.website-files.com/5da42e2cae7ebd3f8bde353c/5dda924905da587992a064ba_Conservative%202019%20Manifesto.pdf .

Offline Tseralo

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Re: Criminalisation of Trespass
« Reply #5 on: July 23, 2020, 02:57:27 pm »
The things the government claim this is for (dealing with travellers) are already covered under aggravated trespass.

I think as 2xw says this is more likely to be used to stop people disrupting shoots and hunts and perhaps overzealous national parks and big landowners trying to stop wild camping.

Offline Bob Mehew

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Re: Criminalisation of Trespass
« Reply #6 on: July 23, 2020, 04:10:12 pm »
I will admit to sharing the Rambler's view point on this topic, see https://www.ramblers.org.uk/policy/england/access/trespass.aspx.

Offline Tseralo

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Re: Criminalisation of Trespass
« Reply #7 on: July 23, 2020, 05:36:36 pm »
Interestingly in a similar vein the national parks are really clamping down on wild camping at the moment, I'm sure some of it is just people trying to get out the city and camping in stupid spots but I've also heard a few reports of people being moved on higher up I'm not really sure why they are so worried about it all of a sudden.

Offline Fulk

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Re: Criminalisation of Trespass
« Reply #8 on: July 23, 2020, 06:47:42 pm »
According to last Sunday’s Observer, the problem is that large groups of people have been ‘wild camping’ and leaving behind large amounts of rubbish when they departed. They cite as one example from Kielder Forest: ‘It was like a bomb had hit an off-licence . . . There were 8 tents, 16 chairs, 8 sleeping bags, a duvet, pillows, a huge amount of booze containers – and there must have been at least 100 nitrous gas containers.’ [just dumped by campers]

Offline paul

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Re: Criminalisation of Trespass
« Reply #9 on: July 23, 2020, 06:59:43 pm »
From https://www.cumbriacrack.com/2020/07/20/police-and-partners-tackle-wild-camping/

Quote
In recent weeks, there has been a large increase in the numbers of campers and campervans on private land in the Lake District National Park and unfortunately this has often been associated with the dumping of equipment, littering, fires and criminal damage to trees and fences. This unacceptable and anti-social behaviour has typically taken place on roadsides and lakeshores but has occasionally been experienced higher on the fells.

Partners will be carrying out joint patrols throughout the national park over the summer holiday period, aimed at preventing the setting of fires and damage to the environment.

Assistant Chief Constable Andrew Slattery said: “All public agencies in Cumbria welcome the return of visitors to the Lake District and encourage all those who seek to explore the area responsibly. Camp sites are now open across the national park and we encourage visitors to book pitches ahead of their visits.

“The Lake District has a history of tolerance and is a welcoming place for visitors but we must maintain a balance between the wishes of individuals to enjoy the outdoors, the needs of local communities and the fragility of our landscapes. The impact of individual actions may seem relatively inconsequential but visitors are asked to consider the cumulative effect of their activities, whether it is fires, barbecues, littering, camping, parking, off-road driving or any other activity that could be detrimental the place and those who live and visit here.

“The anti-social camping that we have seen in recent months across the Lake District does not adhere to the long established Wild Camping ethos of responsible hill walkers in the UK and we will work with landowners and other agencies to prevent and deter this type of unreasonable behaviour.

“Having worked closely together throughout the pandemic, the Constabulary and its partners will continue to maintain efforts to protect and preserve the unique Lake District environment. We will not tolerate the damage or destruction of Lakeland habitats or heritage and will take robust action where necessary.”
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