Scotland & Private Property
- Thread starter EdinburghGary
- Start date
It seems like we're looking at this from 2 seperate angles. I wasn't specifically referring to the land reform stuff, just asking the opinion of someone who would be answering such calls.
Even before the access legislation, trespass laws in scotland were virtually non existant, so simply being in someones garden isn't in itself an offence, although generally if you had to pick a lock or climb a fence or something then that would be classed damage. Why anyone would be in someones garden unless they were up to no good I don't know, but if you're there then they'll usually get you for disturbing the peace at least.
@ Gary, I asked her about the police taking your gear. Seems to be a bit of a grey area I'm afraid. Generally they won't, although they might ask you to delete some or all of the pics depending on the circumstances, BUT if they can find a reason to justify taking it then they can do, so in theory someone having a bad day could potentially use some piece of terrorism legislation or something (which seems to remove all our rights anyway) and take it. Personally I reckon they'd be more likely to just take the memory card but you never know
I
Ian T
Guest
The Police won't take your gear unless they arrest you, and they cannot force deletion of your pictures. If they ask, and you comply, your fault.
Trespass is not against the law in Scotland or the rest of the UK. Fact. Walking on somebody else's land is not grounds for arrest, and extremely rarely would it ever get you arrested for breach of peace.
This was Scotland. The key is, go alone, or in a small group. Be quiet, discreet, and keep a camera slung round your neck so that if you're spotted people won't think you're a terrorist.
You're not breaking the law. So it's up to you. Worry about getting caught and 'done' by the law, or get out and just take the sodding photos.
Trespass is not against the law in Scotland or the rest of the UK. Fact. Walking on somebody else's land is not grounds for arrest, and extremely rarely would it ever get you arrested for breach of peace.
This was Scotland. The key is, go alone, or in a small group. Be quiet, discreet, and keep a camera slung round your neck so that if you're spotted people won't think you're a terrorist.
You're not breaking the law. So it's up to you. Worry about getting caught and 'done' by the law, or get out and just take the sodding photos.
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Ian T
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Ha ha, you're probably right!
I hate all this rubbish. I've just become a bit cynical about it all, and I've developed a bit of an f-it attitude! I just refuse to accept these apparent 'laws' that are so misunderstood by the very people who're meant to 'enforce' them.
At the far end of the scale we could have a situation where you need to apply for a permit to take your camera out of your home! Imagine that! I hate to think where all this safety/cover my ass behaviour is going to end up...
I hate all this rubbish. I've just become a bit cynical about it all, and I've developed a bit of an f-it attitude! I just refuse to accept these apparent 'laws' that are so misunderstood by the very people who're meant to 'enforce' them.
At the far end of the scale we could have a situation where you need to apply for a permit to take your camera out of your home! Imagine that! I hate to think where all this safety/cover my ass behaviour is going to end up...