Whats The Legal Definition Of Camping?

[HagardTrollestia]

I know this may sound daft, but this is a genuine question, lol.

The reason I ask is that if someone for arguements sake falls asleep on a park bench, noone is going to try and get the police involved or otherwise remove you. With this in mind, if someone then gets inside a bivvy and gets some shut eye on a long hike without pitching up a tent or starting a fire, does this count as camping, or would people have more or less the same attitude towards you as they do that drunkard who fell asleep on the park bench?

I know I may not have explained this question as well as I could have, but hopefully I've got the gist of what I mean across.

 

[santaman2000]

When I was a cop, we arrested several people sleeping on park benches.

 

[Toddy]

Depends where you fell asleep.

In Scotland, outwith SSSi's, SAM's and curtiledges, and if you do it responsibly..............and not where you'll distract someone driving, like on a roundabout you can camp most places. This isn't true for much of the rest of the country, regardless of how inoffensive you personally might feel your behaviour to be.

There's a Stickied thread that might be a good place for you to start reading.
I'll find a link.

cheers,
Toddy

 

[Harvestman]

Just a guess, but I suspect that the location is rather more important than the fine distinctions between camping and just sleeping.

i.e. if you are in a location where you have no right to be camping, such as a public park, it is more difficult to claim to be camping. You are just asleep with some kit.

 

[Shewie]

Falling asleep on a park bench is a bit different to intentionally camping out, if you take your bivvy and camp without the landowners permission then you're in the wrong. A few places in this country offer some exceptions, such as The Lake District, Dartmoor and of course Scotland, but in the main you should always seek the landowners permission.

 

[fishfish]

there must be a legal definition.

 

[resnikov]

there must be a legal definition.

Will ask SWIMBO once Downton Abbey has finished. She has just done a law degree. Will be a good challenge for her

 

[HagardTrollestia]

I guess I should have mentioned location.

I just remember one time in Wiltshire when I drank a few too many lager shandies on a cycling/camping trip and ended up falling asleep along a footpath. Obviously I never had any kit out, just literally lent myself and my kit up against a fence and nodded off - but I just wondered if I was caught by the farmer or whoever, whether with all the kit with me it could be seen as camping - or just been a little worse-for-wear.

Besides, even at night time I seldom even use a tarp unless its likely to rain - I just wondered whether the term for 'camping' had been legally defined meaning to make or build some form of temporary structure - in which case alot of bushcrafting wouldn't nessersarily come under that umbrella.

 

[Toddy]

http://www.bushcraftuk.com/forum/showthread.php?t=52767

 

[British Red]

if someone then gets inside a bivvy and gets some shut eye on a long hike without pitching up a tent or starting a fire, does this count as camping

Yes, of course it does. You are spending the night out of doors in gear intended for that purpose having set out with the specific intent of doing so. In what way is that not camping?

 

[HagardTrollestia]

http://www.bushcraftuk.com/forum/showthread.php?t=52767

Cheers for that Toddy!

British Red, I know and you know that its camping, I just wondered what the legal interpretation is. We can't fart in this country without some form of legal definition, this is meerly a theortical thing. Im not going to deliberately to provoke an arrest and court hearing to test any possible legal loopholes lol.

 

[Shewie]

I guess I should have mentioned location.

I just remember one time in Wiltshire when I drank a few too many lager shandies on a cycling/camping trip and ended up falling asleep along a footpath. Obviously I never had any kit out, just literally lent myself and my kit up against a fence and nodded off - but I just wondered if I was caught by the farmer or whoever, whether with all the kit with me it could be seen as camping - or just been a little worse-for-wear.

Besides, even at night time I seldom even use a tarp unless its likely to rain - I just wondered whether the term for 'camping' had been legally defined meaning to make or build some form of temporary structure - in which case alot of bushcrafting wouldn't nessersarily come under that umbrella.

I could be wrong here but I don't think wild camping is actually illegal, but to camp without the landowners permission is trespass, not a law but a civil offence.

 

[British Red]

Cheers for that Toddy!

British Red, I know and you know that its camping, I just wondered what the legal interpretation is. We can't fart in this country without some form of legal definition, this is meerly a theortical thing. Im not going to deliberately to provoke an arrest and court hearing to test any possible legal loopholes lol.

If you know its camping, then I suggest trying not to live up to the "Trollestia" user name.

 

[HagardTrollestia]

No, in all seriousness this isn't a wind up. I was just curious if there was a legal definition.

 

[Joonsy]

I could be wrong here but I don't think wild camping is actually illegal, but to camp without the landowners permission is trespass, not a law but a civil offence.

that sounds right to me as well, i have never heard of anyone getting a criminal record for camping.

 

[HagardTrollestia]

I could be wrong here but I don't think wild camping is actually illegal, but to camp without the landowners permission is trespass, not a law but a civil offence.

You are probably right there Shewie. Its more likely a civil offence then criminal - but then you have to ask, why is walking your dog through some forestry not deemed trespass, yet sleeping there is? I understand in practice what the police and courts would do, but I just don't understand what law they'd get you on, especially in a place which is usually public (e.g, a park.)

Oh and in response to Red once again, I've used the same name all over the internet to stop me from forgetting what my profile is. Apologies if you've got the wrong end of the stick.

 

[Joonsy]

why is walking your dog through some forestry not deemed trespass

walking a dog on private land is only trespass if that's all you are doing, but the landowner or police may say you are hunting with the dog or after the sheep, even if you are not because they know they can't do you for trespass but can do you for hunting.

 

[spandit]

I'd wonder if you went, say, badger watching after dark and took some means of keeping warm whether that would count as camping

 

[Corso]

do it, get caught, end up in court and provide us with some case law


its the only way...

 

[resnikov]

I'd wonder if you went, say, badger watching after dark and took some means of keeping warm whether that would count as camping

Pardon the pun but it might be to do with intention. With that you are planning to stay out camping, just stay warm. Where you go out with bivi / tent etc then you planning to stay out.