Clamping

ric3vic

It would not be acceptable for me to put up a sign saying that I intend to commit an illegal act, say shooting a trespasser, or to act in an illegal manner (e.g. to discriminate against a group is society when letting a property).

A threat to carry out an illegal activity is, surely, itself illegal.

Computersaysno

Not being 'acceptable' and being 'illegal' are not the same thing.

Stroma

You could put a sign saying cars will be clamped, or trespassers will be shot, that is not in fact illegal, but if you do said actions then that would be!

matttye

Stroma wrote: »

You could put a sign saying cars will be clamped, or trespassers will be shot, that is not in fact illegal, but if you do said actions then that would be!

Putting up a sign saying 'trespassers will be shot' would be an offence contrary to Section 5 of the Public Order Act.

Fergie76

According to a post on PEPIPOO they have 3 years from 1 Oct 12 to change any clamping signs - http://forums.pepipoo.com/index.php?s=&showtopic=77805&view=findpost&p=802534

I'm sure I remember reading something similar on here around 2012, but I can't find it now.

Stroma

matttye wrote: »

Putting up a sign saying 'trespassers will be shot' would be an offence contrary to Section 5 of the Public Order Act.

Best of luck getting the police involved, after they stopped laughing they may let you go without arresting you for wasting their time.

matttye

Stroma wrote: »

Best of luck getting the police involved, after they stopped laughing they may let you go without arresting you for wasting their time.

The problem is that someone who takes a crime report isn't required to know or understand the law. So yes you might get laughed at by people who don't know what the law is, but that doesn't make it any less of a crime.

Nobody would be arrested for wasting police time for reporting a criminal offence however minor that offence may be. To suggest that they would is absolutely ridiculous.

It's interesting because police have a duty to uphold the law but they don't have to know it any great detail.

I had a client who was arrested for causing a nuisance on NHS premises. The law on this states: -

"(1)A person commits an offence if—
(a)the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,
(b)the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and
(c)the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself."

My client was arrested for this offence and appeared before a custody sergeant who authorised his detention, and even had his detention reviewed by an inspector after 6 hours in custody (as is required by law).

So two constables (the arresting officer and interviewing officer), a sergeant and inspector all failed to realise that the offence wasn't made out because: -

1) My client was taken to hospital in an ambulance as it was suspected he was suffering from a psychotic episode. This gives him a reasonable excuse for being a nuisance.
2) My client did not refuse to leave NHS premises, he simply wasn't asked to (none of the statements provided by nhs staff said they'd asked him to leave)
3) My client was taken to hospital by ambulance so was clearly on the premises to seek medical advice.

There were three elements to the offence for which he'd been arrested and it took me about 3 minutes to see that none of those elements were satisfied.

So yes, you might get laughed at by police but they don't necessarily know the law very well.

Stroma

The problem with a sign is who put it up? Unless you know exactly who that is have evidence nothing will be done ! And we are talking signs here not anything else. Do you seriously expect the police to respond to a sign? Now if someone shot at anyone then they definetly will

matttye

Stroma wrote: »

The problem with a sign is who put it up? Unless you know exactly who that is have evidence nothing will be done ! And we are talking signs here not anything else. Do you seriously expect the police to respond to a sign? Now if someone shot at anyone then they definetly will

Sorry, I thought it went without saying that I didn't think anyone would be daft enough to report a sign that was already up.

I'm talking about witnessing someone putting up a sign.