Dear list, Just got this link from the epuk list, I know its off topic but I have never heard the law from the law before, its interesting on this subject as it controdicts what has been said in the past. The intersting is when its free pulic access, even though it may be classed as private property, its
http://www.met.police.uk/publicorder/protest_paper.htm#top Just read the bit on trespass I find interesting. " Civil Trespass "Trespass is committed by a person who is improperly on someone else's property without permission." Trespass is not a criminal offence unless it is accompanied by other acts which make it so. Where there is no other consideration, it is known as Civil Trespass. Defined in law, lawful occupiers are those who have the express permission of the owners of the company to be on their property and those who rent any land or building, or part of therein. In civil law, the lawful occupier has the right to exclude anyone from the premises at anytime, even if they are there lawfully. Failure to comply with this request renders the person guilty of a civil trespass. Police can only act on the request of any lawful occupier or the designated manager, to assist in the removal of trespassers. Rights of the Lawful Occupier Civil Trespass A lawful occupier may remove a trespasser using no more force than is necessary. He/she may also call on others to assist. Given that "reasonable force" is open to individual interpretation, for the protection of the lawful occupier, it is recommended that NO PHYSICAL CONTACT is effected with protesters. The lawful occupiers should try to position themselves between the buildings and the protesters to block their passage. It should be noted that unless a criminal offence has occurred (e.g. theft) the Police can only assist to prevent a breach of the peace. They cannot expel protesters just because they are requested to." So does taking a photogragh on someoene elses property a criminal offence or civil, and how does that effect the taking of an image using a tripod, and isnt a civil offence only punishable by legal action of the property owners. So if there is no other offenec being made, then they have very little or no juristiction to physically evict you. Sorry being a little pedantic but there are some really overzeolous land owner around in Birmingham who try to stop you photographing their buildings , when when you are not on their land. Quote of the web site "Trespass is not a criminal offence unless it is accompanied by other acts which make it so." So what constitutes a criminal offence, very puzzling and very interesting. They say as well "a place to which the public have free access." No trespass according to the law. This is great as there are loads of developments that have taken place who say they need a bulding release bla bla bla and images cant be used commercially. I have been removed repeatedly whilst building up my portfolio. I have been denied access and one particular building tries to stop you from photographing when you are not "on their land". My answer is now going to be to tell them what I am doing, if they don't like that then I invite then to take out an injunction against me. If I am not being abusive they have no cause to use force. Very interesting. Although the page goes on about protesters its from a police website. Just for your interest, I know its off topic but so relevant to all those location people oout there. cheers Ian Reynolds =============================================================== GO TO http://www.prodig.org for ~ GUIDELINES ~ un/SUBSCRIBING ~ ITEMS for SALE
