@Moderators - on the Gov. Site it states -
Sites designated in Scotland
It is a criminal offence for persons to enter or be on a site designated in Scotland without lawful authority. In Scotland, the powers under section 129 provide that sites can be designated only on the grounds of national security.
💥QUESTION💥 Does this apply to ALL sites across and throughout Scotland or a select amount of places ? Can you specify what is and isn't acceptable or what this law actually covers more clearly 🙏 - best regards.
Hi mate, not a mod but do have a law degree.
So to summarise the law:
Trespass exists in Scotland as a civil matter, essentially the same as it does down south. This is found in the
Trespass (Scotland) Act 1865 The exception being if you are asked to leave a property, and you refuse, that is technically an illegal occupancy, which is a criminal offence. However, the specific wording of the act is such that even if you were told to leave a place, and you left and went straight back in, or just pretended to leave, you wouldn’t be committing a crime.
John Rankine said it was “passed for the purpose chiefly of preventing strolling tinkers, gypsies and others from squatting without permission”
Vandalism is found in
Section 52 of the Criminal Law (Consolidation)(Scotland) Act 1995. this states “any person who, without reasonable excuse, willfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism”
This is deliberately vague, “any property” includes locks, windows, gates, fencing, bars etc whatever they want it to mean.
But you shouldn’t be breaking any locks anyway really, so this also shouldn’t be an issue.
Being found in premises, with intent to commit theft this is in
(section 57) (1) Civic Government (Scotland) Act 1982
The key aspect of this offence is the intent to commit theft. The specific wording is
“In all circumstances, it may be reasonably inferred that he intended to commit theft”
So if you’re found in an abandoned warehouse, with nothing of value, and you’ve got a load of pictures on your phone/camera it also won’t be an issue.
Housebreaking with intent to steal this is a common law offence so an exact definition isn’t available, it depends on precedent. “Housebreaking” is not limited to people’s homes or abode, it’s anywhere that belongs to someone.
The key to this is proving intention, it would be impossible for a court or prove you had any intention to steal if A) the place is abandoned with nothing inside B) you went in with a camera and took a bunch of pictures C) you can show this is a hobby of yours and thief is not.
Importantly, it must be that any allegation against you under this offence, is one of theft. In Cochran v HM Advocate 2006, it was accepted that a conspiracy (plan) to merely break into a property, was not a crime known in the law of Scotland.
Malicious Mischief requires that the accused disregarded another’s property rights. There’s no requirement that any damage be caused to any property, however if you say, spray painted some shitty tags all over the place, left a tap running and flooded the place, shat in a corner etc it would count.
However, once again, this shouldn’t concern you.
What should concern you slightly is
Breach of the Peace this is anything that’s naughty but not explicitly illegal, like shouting, swearing, begging for money, kicking a ball in the street, attempting suicide, prank phone calls, urinating in public, kicking a dead fox (all real examples)
If you memorise this list, and recite it to a police officer, they will more than likely just do you with a breach of the peace, and you’ll be charged.
All and All, despite some specific properties that are protected by legislation you’ll be fine. Just don’t be a dick, and don’t break/steal/damage anything. Hope this helps.
as mentioned, there's plenty on the site from Scotland so hopefully that will be enough to wet your appetite and give some motivation, too. Any general exploring-related questions then do ask
