Finding info on a conviction in Scotland?

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  • Finding info on a conviction in Scotland?
  • druidh
    Member

    I suspect that those that need to know can find out πŸ™‚

    Have you tried googling (Scotsman, Herald etc)

    bencooper
    Member

    Yes, nothing that I can find. He claims he was sent to prison for trespassing – can’t see that happening unless there were other things he’s not mentioning (like the crowbar and bag of swag).

    trail_rat
    Member

    Or where he was tresspassing at what time of day .. I cn think of a few places you could get into hot water without good reason to be there.

    TuckerUK
    Member

    trespassing with a firearm?

    2 year sentence possible.

    cynic-al
    Member

    Call the Court?

    What about the old “trespass isn’t a crime in Scotland” FACT?

    druidh
    Member

    Do you have his real name?

    Trespass is still an offence on certain properties though (e.g. MOD and maybe the railways).

    bencooper
    Member

    It was a derelict hospital – a place I’ve been a couple of times, as have a bunch of others – anyone else who has been caught has been told to bugger off by the security guard.

    So definitely not criminal trespass…

    No, don’t have a real name, got his DoB though, and email and IP addresses.

    trail_rat
    Member

    Mod land was the number 1 area i was thinking druidh.

    I used to live next to rm condor and they had some mean signs up onmthe perimeter fences

    How pressing is your need to know? Idle curiosity, or professional/legal need?

    cynic-al
    Member

    Custodial sentence for that?

    I’m surprised, unless he’s got a lot of previous (AINAE)

    Flasher – he’s asking on here…you need to ask? πŸ˜‰

    bencooper
    Member

    Idle curiosity, really. If there is some obscure law that can be used to convict people for simple trespass in Scotland, it’d be an issue for explorers.

    Al, given some of the questions on here, you really never know! πŸ™‚

    TuckerUK
    Member

    Trespassing with a firearm covers air rifles too. Basically anything that wasn’t a firearm when legal (air rifle, shotgun, blank firer, replica, deact) becomes a firearm in law when used illegally.

    druidh
    Member

    Ben Cooper wrote:

    Idle curiosity, really. If there is some obscure law that can be used to convict people for simple trespass in Scotland, it’d be an issue for explorers.

    There are exceptions to the LR(S)A. However, it seems unlikely he’d get a custodial sentence for wandering around an old hospital. Which one was it btw, Bangour Village, Glencoe, AN Other?

    fisha
    Member

    Scottish Court results ( and the various disposal details ) are recorded on a database, which can be searched for those that have access or a need to know.

    Public access to it I don’t imagine would be good idea. ( at the end of the day, if you wanted to know the result, you would go to the public gallery ).

    I know it would satisfy your curiosity to know, but that sort of access would give sensitive information to the public.

    Was there not a similar thread about this sort of trespass/being on land you shouldn’t recently.

    bencooper
    Member

    It was Rosslynlee – nice place, nothing serious in terms of exploring…

    Premier Icon irc
    Subscriber

    What about the old “trespass isn’t a crime in Scotland” FACT?

    It’s been a crime since the Trespass Scotland Act 1865.

    Every person who lodges in any premises, or occupies or encamps on any land, being private property, without the consent and permission of the owner or legal occupier of such premises or land, and every person who encamps or lights a fire on or near any . . . F1 road or enclosed or cultivated land, or in or near any plantation, without the consent and permission of the owner or legal occupier of such road, land, or plantation . . . shall be guilty of an offence

    But the offence above didn’t include merely walking or otherwise crossing land. It was also amended by the Land Reform Act 2003 to exclude anything being done by someone exercising their right to access.

    http://www.legislation.gov.uk/asp/2003/2/schedule/2

    The 1865 Act is rarely used but it does happen.

    http://www.thecourier.co.uk/News/Angus/article/11411/man-is-remanded-in-custody-for-breach-of-the-trespass-scotland-act-1865.html

    bencooper
    Member

    Yes, I know that one – I doubt he was camping there πŸ™‚

    It’s all very odd – there’s also good old Breach of the Peace of course…

    cynic-al
    Member

    irc – I was kind of kidding, hence the “FACT” – but glad to see I was correct (as I meant trespass in the sense that’s excluded).

    pacerc200
    Member

    Lots of knowledgeable people on 28 days later urban ex site 8) 8)

    bencooper
    Member

    Yup, I just thought there might also be some knowledgeable people here too, and perhaps more from the police or legal community πŸ™‚

    glupton1976
    Member

    I wonder if the tresspass thing might have resulted due to being repeatedly caught in a goverment building? Stab in the dark, but it might be the case.

    Premier Icon irc
    Subscriber

    Another bit of legislation which might be used for someone found in an unoccupied building is S.57 of the Civic Govt Scot Act 1982. But that needs an apparent intention to commit theft.

    Can’t see it happening for being found in a derelict building though unless there were supporting circumstances.

    theyak
    Member

    The Yak suggests looking up the person’s bum and counting the rings.

    bencooper
    Member

    Yes, could be S.57, which is why I mentioned crowbars and swag bags. There’d have to be more to it than just trespassing, though.

    bencooper
    Member

    One for legal experts I think – is there a way to find out what someone was convicted of? On another forum I’ve got someone claiming that they were sent to prison for something, and it doesn’t ring true – I know when the court date was (16th August 2012, Edinburgh Sheriff Court) and I know that he was apparently sent to Saughton Prison.

    Rolls of court only go back 5 days, and don’t give details anyway…

    Cheers πŸ™‚

    poly
    Member

    EDIT – should have read the whole thread first.

    duckman
    Member

    trail_rat – Member
    Mod land was the number 1 area i was thinking druidh.

    I used to live next to rm condor and they had some mean signs up onmthe perimeter fences

    Posted 11 hours ago # Report-Post

    Not to mention the Land Rover full of heavily armed bootnecks πŸ˜†

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