Thread: Wild Garlic
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Old 09-05-2003, 12:08 AM
Nick Maclaren
 
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Default Wild Garlic

In article ,
Anthony E Anson wrote:

Trespass is a Common Law offence, and unless you commit a crime while
trespassing you cannot be prosecuted - this only applies to the criminal
law - you can only be sued. Damages for common trespass, if awarded,
generally amount to something like one penny, and the costs are usually
borne by the litigants.


That is no longer true since the infamous Criminal Justice and Public
Order Act. A policeman can turn trespass into a crime under certain
not-very-stringent conditions.

Under the "rave" section, a policeman can even turn insistence on your
legal rights with no offence or even tort involved into a crime. I
heard of one case where it was claimed that it happened, too.

However, theft, damage, poaching etc can result in the serious
(criminal) charge of Aggravated Trespass, which can result in heavy
fines, imprisonment and confiscation of any tools used in its execution
- which includes a vehicle.


Not just those. Several other things, which are not themselves crimes,
INCLUDING entering someone else's land to obstruct them from causing
damage on your land, can leave you liable.


Regards,
Nick Maclaren.