When I was a teacher, one of the children took the view that Goldilocks should have been arrested by the police for breaking and entering, theft of porridge and criminal damage of a chair as well as tresspass. I often wonder what became of him: when he grew up: lawyer, policeman or career criminal high on the list of possibilities!So, you go on holiday and inadvertently leave a door open. I go in, use your bathroom, sleep in your bed, make sure there's no sign of my visit, and you're happy that occurred?
This argument/discussion has been going on for hundreds of years; we'll not solve it on this forum
When I was a teacher, one of the children took the view that Goldilocks should have been arrested by the police for breaking and entering, theft of porridge and criminal damage of a chair as well as tresspass. I often wonder what became of him: when he grew up: lawyer, policeman or career criminal high on the list of possibilities!
But that’s what he does do. Leon pops round.So, you go on holiday and inadvertently leave a door open. I go in, use your bathroom, sleep in your bed, make sure there's no sign of my visit, and you're happy that occurred?
This argument/discussion has been going on for hundreds of years; we'll not solve it on this forum
But because you know that’s what he does and you still take your car to him it implies consent. Without that implied consent it is a different matter. I get the feeling that Leon is your friend rather than some random bloke abusing your trust/rights to property . That isn’t really what this thread was about so Leon probably isn’t the ideal example, can we leave him out of this?But that’s what he does do. Leon pops round.
Sorry - it was a joke. I don’t know Leon or PattBut because you know that’s what he does and you still take your car to him it implies consent. Without that implied consent it is a different matter. I get the feeling that Leon is your friend rather than some random bloke abusing your trust/rights to property . That isn’t really what this thread was about so Leon probably isn’t the ideal example, can we leave him out of this?
What about Tom , Dick and Harry ? Do you know them?Sorry - it was a joke. I don’t know Leon or Patt
But this isn't an area where right to roam is a thing, is it?In the countries where right to roam is standard, including Scotland, there are clear differences between things like woodland, moorland, heath and agricultural land, and someone’s actual house or front garden. I’d hope that the distinction doesn’t need explaining to the people on this forum.
Bit of a disingenuous argument.
In the countries where right to roam is standard, including Scotland, there are clear differences between things like woodland, moorland, heath and agricultural land, and someone’s actual house or front garden. I’d hope that the distinction doesn’t need explaining to the people on this forum.
Bit of a disingenuous argument.
@TeeDeeDon't get me wrong - Yes I've done those things. [speeding and carrying an over length knife without reason]
But I've also held myself accountable knowing and admitting I have done them.
Your " If a landowner never knew I’d been there and my stay had no effect on them or their property: was I there at all?" Seems to provide a personal pardon against trespass just due to another parties ignorance.
@BrochSo, you go on holiday and inadvertently leave a door open. I go in, use your bathroom, sleep in your bed, make sure there's no sign of my visit, and you're happy that occurred?
This argument/discussion has been going on for hundreds of years; we'll not solve it on this forum
Indeed, every contact leaves a trace.But, it's down to the level of knowledge that one has of the environment whether one is leaving 'no trace'.
That green patch that the 'trespasser' lay down on was the only place that Sanicle is growing in the whole of the wood - a rare plant in this area. The Moschatel that was trodden on hosted a smut fungus so rare that it's only been recorded twice in Wales.
There's respect for the natural world, then there's a level of knowledge that ensures no harm is done
Only trespass which is a civil matter. Strangely it has nothing to do with your respect or lack of respect for the land and its flora or fauna. It is the act of infringing the title holder’s rights regarding that parcel of land. Some of the other behaviours that you mention would be criminal offences but usually fall far below the threshold at which police would take action.If someone camps in a quiet spot which respects the landowner's privacy (ie, not in their house or garden where people can reasonably expect privacy), leaves and the landowner is none the wiser then no wrong has been committed.
I'm confused - which of the things I've mentioned would be criminal offences?Only trespass which is a civil matter. Strangely it has nothing to do with your respect or lack of respect for the land and its flora or fauna. It is the act of infringing the title holder’s rights regarding that parcel of land. Some of the other behaviours that you mention would be criminal offences but usually fall far below the threshold at which police would take action.