Trespass

thelonious Mar 9, 2020 11:18:55

I remember reading about this before last year’s General Election. It worried me then and still does. Could have implications for TMAers and visits to sites outwith access land.

Not trying to be political here, just thought I’d post the link for anyone interested. It's a tricky subject with many views.

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

another link
https://www.ramblers.org.uk/policy/england/access/trespass.aspx

thesweetcheat Mar 9, 2020 17:15:01

Replying to thelonious

Watching this very carefully. It definitely has the potential to massively restrict us, especially in England where I can see landowners being quick to call the police.

I've always been quite relaxed about trespass, on the basis that (unless it's on railway or military land) it's not a crime. As long as no damage is caused it really doesn't warrant anyone getting exercised about it. Criminalising trespass would make for lots of vexatious allegations from landowners who want to restrict access for its own sake, rather than seeking to prevent damage, theft etc.

It's hardly good use of stretched police resources and also counter to wider attempts to improve access to the countryside, but with the most right wing Home Secretary we've ever had, I can see a law change being pursued.

Personally I still think Scotland has reached a really good balance between protecting property rights and encouraging access to the countryside. Sadly England has always been much less liberal on this subject.

tjj Mar 10, 2020 17:00:29

Replying to thelonious

Thank you for this. I've signed the petition and read the Ramblers link in detail. Very worth reading for anyone who hasn't yet read it, the final paragraph being ...

We are calling on the Home Office to provide: 1) urgent clarification on the governments long-term plans around the criminalisation of trespass, and; 2) public commitment not to introduce measures that would limit people’s access to and enjoyment of the outdoors, and to working with organisations such as ours to ensure this is not the case.

I spoke to the footpath officer of our local N.E. Wilts Ramblers Group earlier to see if he could clarify what is going on. He wasn't able to simply because it is unclear why the proposal to criminalise is being made. Traveling communities may well be the target - it would be shameful to see that way of life turned into a criminal offence.
One of the points made in the Ramblers response related to land near railway lines, there is a specific case for this because of vandalism.
Also land around prisons - I was recently walking with a friend near Erlestoke Prison in Wiltshire, the footpath was so muddy it was impassable so we cut into some adjacent woodland. There were 'No Trespass' signs everywhere but also broken down fences so we were not the only ones to do this. As we walked we realised this woodland went right up to the prison fences.

Speaking for myself, I know I have committed trespass in the past whilst in the pursuit of a better look at some Gloucestershire longbarrow. I'm sure I am not alone - it was always done with trepidation and the expectation that someone would appear with a shotgun. My god, the adrenalin rush - it never happened and I hope it never does.