Trespass Law

[True_British_Metal]

Guys, I was wondering if you could help me out here. I'm looking at a live site which contains some great stuff on site that's derelict and been out of the public eye since as early as 1992. I've been here on an open day in 2007 but I was there for something else (I was very lucky to have been allowed to do what I did). I have since tried getting a permission visit but I was denied on H&S; no reference was made to the site being sensitive and off limits.

Basically what's putting me off is that the site is crown property; signs are posted round the site saying "Crown Property. Action will be taken against trespassers, by order dept. of the environment." That said I've checked the Home Office Website, checked the list of sites covered by the SOCAP act 2005 and nothing of the like is covered. Besides if you look at it and didn't KNOW it was owned by the government you wouldn't really bother worrying because why would there be anything sensitive there? Can anyone help?

PS. From the hints I've dropped in the text you'll probably know the site (indeed many of you will), but I don't want to name it here because I don't want the authorities to smell a rat.

 

[chiroptera]

Basically what's putting me off is that the site is crown property; signs are posted round the site saying "Crown Property. Action will be taken against trespassers, by order dept. of the environment." That said I've checked the Home Office Website, checked the list of sites covered by the SOCAP act 2005 and nothing of the like is covered. Besides if you look at it and didn't KNOW it was owned by the government you wouldn't really bother worrying because why would there be anything sensitive there? Can anyone help?

Genuinely no idea what site that could be.

Sounds interesting though...

I'd guess if they only have signs along the lines of 'trespassers will be prosecuted' and don't refer to specific legislation, then it might not be a site where trespassing is an offence. Just a guess though, since I don't actually know the site.

And if it is a restricted site (MOD, port, etc) then it would have to be clearly sign posted ... if it's not clear, then this could definitely work in your advantage. Take, for example, the Ship and Port Facility (Security) Regulations 2004 (emphasis mine):

Unauthorised presence in a restricted area of a port facility

11.—(1) A person shall not—

(a)go, onto or into any part of a restricted area of a port facility except with the permission of the port facility security officer or a person acting on his behalf, and in accordance with any conditions subject to which that permission is for the time being granted, or

(b)remain in any part of such a restricted area after being requested to leave by the port facility security officer or a person acting on his behalf.

(2) Paragraph (1)(a) shall not apply unless it proved that, at the material time, notices stating that the area concerned was a restricted area were posted so as to be readily seen and read by persons entering the restricted area.

(3) A person who contravenes paragraph (1) without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A constable, or the port facility security officer, or a person acting on behalf of the port facility security officer, may use such force as is reasonable in the circumstances to remove from a restricted area a person remaining in it in contravention of paragraph (1)(b).

Hope that helps a bit.

 

[True_British_Metal]

...PM'd

 

[Ordnance]

The 'site' is indeed Crown Property under the Home Office (DoE now 'own' it) and no longer under MoD control with Private Security and has no particular Bye Laws or listing under SOCAP (which mainly covers protests not security of govenment industrial sites) so is the same as any other occupied industrial site. If you know the site it is an admin area with a large open training ground.

Read into that what you will.

 

[True_British_Metal]

Ordnance, OT and Chiroptera thank you so much for your advice. I'm now far more comfortable with doing it!

 

[chiroptera]

No problem

Looking forward to the report.

 

[PickleB]

Fascinated by this subject, so I have tried to make up a list of SOCAP sites. I think it is complete.

The following are designated as protected sites:

85 Albert Embankment, London
Buckingham Palace, London
Ministry of Defence Main Building, Whitehall, London
Old War Office Building, Whitehall, London
St James's Palace, Cleveland Row, London
Thames House, 11 and 12 Millbank, London
The Chequers estate, near Aylesbury, Buckinghamshire
10 - 12 Downing Street site as well as 70 Whitehall
Government Communication Headquarters (GCHQ), Harp Hill, Cheltenham
GCHQ, Hubble Road, Cheltenham
GCHQ, Racecourse Road, Scarborough, North Yorkshire
GCHQ, Woodford, Bude, Cornwall
Highgrove House, Doughton, Gloucestershire
Palace of Westminster and Portcullis House site, London
Sandringham House, Norfolk
Windsor Castle, Berkshire​

Protected Ministry of Defence sites

HMNB Clyde
RNAD Coulport
Northwood Headquarters
RAF Flyingdales
RAF Menwith Hill
RAF Croughton
RAF Lakenheath
RAF Feltwell
RAF Mildenhall
RAF Brize Norton
SMC Marchwood
RAF Fairford
RAF Welford​

Protected nuclear sites

Civil sites:

Sellafield, Cumbria
Dounreay, Scotland
Capenhurst, near Chester
Drigg, near Sellafield
Harwell, near Oxford
Springfields, near Preston
Windscale, within Sellafield
Winfrith, near Wool in Dorset
GE Healthcare sites in Amersham and Cardiff
London University's Imperial College of Science and Technology site in Ascot, Berkshire
Berkeley, near Bristol
Scottish Universities Environmental Research Centre at Birniehill, East Kilbride

... and the following nuclear power station sites:

Chapelcross, Dumfriesshire
Dungeness A and B, Kent
Hartlepool, near Middlesborough
Heysham 1 and 2, Lancashire
Hinkley Point A and B, Somerset
Hunterston A and B, Ayrshire
Oldbury, near Bristol
Sizewell A and B, Suffolk
Torness, East Lothian
Bradwell, Essex
Calder Hall, within Sellafield
Wylfa, on Anglesey
Trawsfynydd, Dolgellau, Wales​

Defence sites:

Atomic Weapons Establishments sites near Aldermaston and Burghfield, Berkshire
Devonshire Dock Complex, Barrow-in-Furness, Cumbria
Devonport Royal Dockyard, Plymouth
Rolls Royce Neptune site and Nuclear Fuel Production Plant in Derby
Rosyth Dockyard, Fife​

 

[Bone]

Protected Ministry of Defence site

HMNB Clyde
RNAD Coulport
Northwood Headquarters
RAF Flyingdales
RAF Menwith Hill
RAF Croughton
RAF Lakenheath
RAF Feltwell
RAF Mildenhall
RAF Brize Norton
SMC Marchwood
RAF Fairford
RAF Welford​

Lakenheath and Mildenhall are both USAF bases, don't they have their own rules?

 

[One Flew East]

.

 

[Ordnance]

Any site protected under Section 128 of the Serious Organized Crime and Police Act 2005 (SOCPA) should have clearly displayed signs at prominant locations on its perimiter informing the public of the fact.

Sections 128 to 131 introduced a new offence of Criminal Trespass on sites designated by the Secretary of State.

This example is on the rear fence to Buckingham Palace:

There are four categories for protected sites, and only sites which meet these criteria can be designated. These are:

· Crown land;
· Land privately owned by the Queen or the Prince of Wales
· Land which requires the designation on the grounds of national security;
· Licensed nuclear sites.

Two individuals were arrested on 1 April 2006 at RAF Menwith Hill and a further eight were arrested on 2 October 2006 at RAF Lakenheath under this legislation.

No individuals have yet been convicted of trespass under this legislation.

Note - American Military Bases in the UK are leased from the MoD and are covered by UK Laws and the Visiting Forces Act 1952 which covers its personnel. Unlike an Embasy.

 

[PickleB]

... Lakenheath and Mildenhall are both USAF bases, don't they have their own rules?

They are firstly RAF stations and UK territory, so it is the UK law of trespass that has to be applied ... just a it is UK law that applies to the interaction of the USAF with those of us outside the site.

It was a little unexpected to find RAF stations with .mil.af (ie US military) web addresses: www.lakenheath.af.mil & www.mildenhall.af.mil.

There are other RAF stations occupied by the USAF that do not appear on MOD's list of 'protected' sited (MOD SOCAP webpage) so it would seem that such status is only applied under particular circumstances.

 

[True_British_Metal]

If a site is owned by Qinetiq, which is the privatised MOD is it still criminal?

 

[mookster]

If a site is owned by Qinetiq, which is the privatised MOD is it still criminal?

Not really - DERA was split into QinetiQ and the DSTL with QinetiQ the private defence arm. I've been caught trespassing on QinetiQ land and the official QinetiQ guards from security's head office who caught us were a couple of the nicest blokes I've had an explore ended by.

 

[PickleB]

If a site is owned by Qinetiq, which is the privatised MOD is it still criminal?

Not really - DERA was split into QinetiQ and the DSTL with QinetiQ the private defence arm...

I don't think any Qinetiq sites are listed as SOCAP sites, so I agree that 'it's not really criminal'.

It may be relevant that Quinetiq sites can still be owned by MOD. Wiki says (see link) "Qinetiq has a 25-year agreement with the UK Ministry of Defence (MoD) to provide test and evaluation services and manage military ranges" and "Qinetiq has a 15-year agreement with the MoD ... to provide ... [various facilities listed] and shock testing facilities at Rosyth."

I can't see MOD selling off its ranges even if Qinteq operates them. Rosyth is a listed site but it's operated by MOD and so must have a Qinetiq 'enclave'.

Note that AWE Aldermaston is a civilian GOCO (Government owned, contactor operated) site ... and that's definitely on the list!

I'm pleased to hear that the Quinetiq guards 'were a couple of the nicest blokes I've had an explore ended by'. MOD Plod can be nice guys too, but some may take things a bit too seriously. So it may depend upon who you meet ...

 

[mookster]

It could have ended doubly badly for us as the site was in extreme proximity to a large-ish airport, but as it happens it all ended pleasantly and it even looked very briefly like they would let us continue on our explore