lumpy Posted May 11, 2012 Report Share Posted May 11, 2012 Clearly you are unaware of 'trespass law' as trespass is not a criminal act. It is a civil matter Civil Trespass: Civil trespass, also known as "simple" trespass, is not a criminal offence in the UK. You cannot be arrested for civil trespass, though police may attend if there's a possibility that another offence has been committed or will be committed. In England and Wales, you can be sued by the landowner in a civil court for trespass, in Scotland you can only be sued if actual damage was caused. Repeat trespass could be prevented if a landowner takes out an injunction, but this is unlikely in urbex situations. Aggravated Trespass: This applies to trespass committed with the intent to intimidate or disrupt people taking part in a lawful activity. If you trespass on a golf course to move the flags, it's aggravated trespass. Aggravated trespass being a criminal offence ! Quote Link to comment Share on other sites More sharing options...
955i Posted May 11, 2012 Report Share Posted May 11, 2012 (edited) Civil Trespass: Civil trespass, also known as "simple" trespass, is not a criminal offence in the UK. You cannot be arrested for civil trespass, though police may attend if there's a possibility that another offence has been committed or will be committed. In England and Wales, you can be sued by the landowner in a civil court for trespass, in Scotland you can only be sued if actual damage was caused. Repeat trespass could be prevented if a landowner takes out an injunction, but this is unlikely in urbex situations. Aggravated Trespass: This applies to trespass committed with the intent to intimidate or disrupt people taking part in a lawful activity. If you trespass on a golf course to move the flags, it's aggravated trespass. Aggravated trespass being a criminal offence ! Sorry, but I have to stand by my original statement. You are a berk! This has nothing to do with the trespass law but has a lot to do with the Wildlife and Countryside Act 1981 (as amended). In particular Schedule 5 Edited May 11, 2012 by 955i Quote Link to comment Share on other sites More sharing options...
silpig5 Posted May 11, 2012 Report Share Posted May 11, 2012 why does every other thread turn into a argument on pw ? what happened to the good ol days ?? Quote Link to comment Share on other sites More sharing options...
lumpy Posted May 11, 2012 Report Share Posted May 11, 2012 Sorry, but I have to stand by my original statement. You are a berk! You JOKER you can do the same research as i just did THE LAW IS THE LAW even if you dont like it :lol: Quote Link to comment Share on other sites More sharing options...
poontang Posted May 11, 2012 Report Share Posted May 11, 2012 Aggravated Trespass: This applies to trespass committed with the intent to intimidate or disrupt people taking part in a lawful activity. If you trespass on a golf course to move the flags, it's aggravated trespass. Aggravated trespass being a criminal offence ! Hang on. Before you start getting all worked up about trespass laws have a good read of the OP's original post. However, today I received a call from the site health and safety/ conservation and environment geeks and they have gone nuts about it. A bird lover has placed an owl box in a tree and now a barn owl has moved in. Where does it say the 'bird lover' didn't have permission to place the nest box where he/she did? What's to say the 'bird lover' doesn't work at the same site, and has legal access? When was the nest box put up? Is the nest box on site, or on adjoining land? There are always two sides to every story. Quote Link to comment Share on other sites More sharing options...
955i Posted May 11, 2012 Report Share Posted May 11, 2012 (edited) You JOKER you can do the same research as i just did THE LAW IS THE LAW even if you dont like it :lol: I'm not researching, I am speaking as a holder of a barn owl nest inspection licence (licence number 20120884), a qualified ecologist and someone who worked for the Barn Owl Trust for 3 years Edited May 11, 2012 by 955i Quote Link to comment Share on other sites More sharing options...
lumpy Posted May 11, 2012 Report Share Posted May 11, 2012 I'm not researching, I am speaking as a holder of a barn owl nest inspection licence (licence number 20120884), a qualified ecologist and someone who worked for the Barn Owl Trust for 3 years Then surely you would know that until the owl is affected no wildlife offence has been commited Quote Link to comment Share on other sites More sharing options...
955i Posted May 11, 2012 Report Share Posted May 11, 2012 Then surely you would know that until the owl is affected no wildlife offence has been commited Never said that it was. Why not just bow out gracefully now? Quote Link to comment Share on other sites More sharing options...
lumpy Posted May 11, 2012 Report Share Posted May 11, 2012 Never said that it was. Why not just bow out gracefully now? HHHMMM This has nothing to do with the trespass law but has a lot to do with the Wildlife and Countryside Act 1981 (as amended). In particular Schedule 5 I believe it was you who quoted this ! And if the box was placed there with the intent of preventing shooting or any other lawful activity then yes it is a crininal offence ! Quote Link to comment Share on other sites More sharing options...
955i Posted May 11, 2012 Report Share Posted May 11, 2012 HHHMMM This has nothing to do with the trespass law but has a lot to do with the Wildlife and Countryside Act 1981 (as amended). In particular Schedule 5 I believe it was you who quoted this ! And if the box was placed there with the intent of preventing shooting or any other lawful activity then yes it is a crininal offence ! I give up! They do say you can't educate meat. The box could not have been placed without the landowners permission and barn owls do not move into boxes the day they are put up, I know of boxes that have not been used until they have been up 10 years. The idea that this box was put up on hearing of the shoot and immediately occupied is ludicrous. Quote Link to comment Share on other sites More sharing options...
poontang Posted May 11, 2012 Report Share Posted May 11, 2012 (edited) And if the box was placed there with the intent of preventing shooting or any other lawful activity then yes it is a crininal offence ! You'd have to prove that 1) a trespass was committed, and 2) there was intent to have committed the offence. If it was another employee with legal access to the site who put up the box then no trespass is committed and therefore there's no offence. If the OP were to give a few more details, I'm sure everything would be clearer. Edited May 11, 2012 by poontang Quote Link to comment Share on other sites More sharing options...
39TDS Posted May 11, 2012 Report Share Posted May 11, 2012 why does every other thread turn into a argument on pw ? what happened to the good ol days ?? Every other? You mean some don't? I must have missed them somehow. Quote Link to comment Share on other sites More sharing options...
Wurzle Posted May 11, 2012 Author Report Share Posted May 11, 2012 Chill out guys. The box Was placed by an other employee. So no trespass was commited. However, permission for the box is my next approach because other activities in the area will be affected by the occupation of the owl box. The other activities have been continually operating around the nesting/box area and nothing was said until someone caught wind of 'clay pigeon = shotguns'. Normal public hysteria over shooting sports. Quote Link to comment Share on other sites More sharing options...
955i Posted May 11, 2012 Report Share Posted May 11, 2012 Chill out guys. The box Was placed by an other employee. So no trespass was commited. However, permission for the box is my next approach because other activities in the area will be affected by the occupation of the owl box. The other activities have been continually operating around the nesting/box area and nothing was said until someone caught wind of 'clay pigeon = shotguns'. Normal public hysteria over shooting sports. Bingo As stated, as long as the proximity is not too close, the owls will soon get used to the disturbance. Nothing to see here people....move along now Quote Link to comment Share on other sites More sharing options...
Wurzle Posted May 11, 2012 Author Report Share Posted May 11, 2012 Am I correct in stating 30 m radius from site? Quote Link to comment Share on other sites More sharing options...
955i Posted May 12, 2012 Report Share Posted May 12, 2012 (edited) Am I correct in stating 30 m radius from site? There is no specific distance to be observed, the question is whether there is likely to be disturbance to the birds. In fairness, barn owls are fairly accommodating to disturbance as long as it is regular. If the shoot intends to be say every Saturday, then the birds should be fine with that. If it is to be more regular then, as I said, I would discuss it with the Barn Owl Trust to address possible impacts and ways to avoid major disturbance. With little knowledge of the site it is difficult to advise the best course of action. If the OP wants to email me an aerial showing nestbox placement and placement of traps/realistic spray patterns then I will give a free appraisal in case of council intervention OP can contact me at chris@arc-ecology.co.uk Edited May 12, 2012 by 955i Quote Link to comment Share on other sites More sharing options...
poontang Posted May 12, 2012 Report Share Posted May 12, 2012 If the OP wants to email me an aerial showing nestbox placement and placement of traps/realistic spray patterns then I will give a free appraisal in case of council intervention OP can contact me at chris@arc-ecology.co.uk There we go, that's the way forward. No need to get all 'legal' and threaten court action etc. Once the full details emerge and common sense prevails, it's much better to sort these things amicably. Hope it all works out well for all concerned. Quote Link to comment Share on other sites More sharing options...
docholiday Posted May 12, 2012 Report Share Posted May 12, 2012 Bingo As stated, as long as the proximity is not too close, the owls will soon get used to the disturbance. Nothing to see here people....move along now Quite clearly you do seem to know what you are talking about unlike some others who seem to have little or no tolerance of others, I am very glad that you are a member of this site and have useful information to help us with, shame some cant be helped Quote Link to comment Share on other sites More sharing options...
955i Posted May 12, 2012 Report Share Posted May 12, 2012 Quite clearly you do seem to know what you are talking about unlike some others who seem to have little or no tolerance of others, I am very glad that you are a member of this site and have useful information to help us with, shame some cant be helped Thankyou I would like to think that my skills can be useful on this site. I have gained a lot of information from being on here and I would hope that at some time in the future I can help fellows off here. Quote Link to comment Share on other sites More sharing options...
spanj Posted May 12, 2012 Report Share Posted May 12, 2012 I'm not researching, I am speaking as a holder of a barn owl nest inspection licence (licence number 20120884), a qualified ecologist and someone who worked for the Barn Owl Trust for 3 years qualified ecologist = mentallist Quote Link to comment Share on other sites More sharing options...
spanj Posted May 12, 2012 Report Share Posted May 12, 2012 Chill out guys. The box Was placed by an other employee. So no trespass was commited. However, permission for the box is my next approach because other activities in the area will be affected by the occupation of the owl box. The other activities have been continually operating around the nesting/box area and nothing was said until someone caught wind of 'clay pigeon = shotguns'. Normal public hysteria over shooting sports. I'd consider suing the employer ............ not sure what for but somebody wil do some research and find out what !! Who in their right mind would give permission to put up a nest box and then allow a clay shoot to be set up ? Quote Link to comment Share on other sites More sharing options...
955i Posted May 13, 2012 Report Share Posted May 13, 2012 qualified ecologist = mentallist If only you knew how much Quote Link to comment Share on other sites More sharing options...
olddogfox Posted May 20, 2012 Report Share Posted May 20, 2012 The barn owl will soon get used to the shooting. We have a barn owl in a barn on the estate I shoot on and people come and go and we shoot around the barn and they still reared there owlets. Wait until they have left the nest box and move it out of the way to another site where it will not be in the way. wildlife soon get used to people and there activities as long as you are not chasing them all the time or disturbing them when they need to rest. olddogfox Quote Link to comment Share on other sites More sharing options...
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