In article ,
Anthony E Anson writes:
| The message
| from (Nick Maclaren) contains these words:
| 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.
|
| It is still true. When you are engaged in gamekeeping on any level you
| have to know, and common trespass cannot be made into a criminal
| offence. Indeed, it is very difficult to persuade PC Dibble to look into
| anything which they consider - or hope - to be covered by Common Law.

I suggest that you buy a copy of that Act and look at it. What I
said is true.

You are confusing the fact that the police quite reasonably don't
want anything to do with such a ghastly law, especially as the
main defence is to attack the policeman for behaving unreasonably.
That is stated in the Act, incidentally!

| 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.
|
| Hearsay evidence? And, when have you ever heard of the police
| intervening in the case of a rave? I have heard of many instances of
| them wringing their hands and pleading inability to act though.

No, an unchecked report. I heard it from someone who claimed that it
had happened to him. See above for the reason for your latter point.

| 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.
|
| I think you are wrting your own laws here - or painting them to suit
| your agenda.

Look, I have a copy of that Act on my bookshelves, and have read the
relevant sections. Have you?


Regards,
Nick Maclaren.