Are my neighbours tree ‘surgeons’ allowed to jump the fence into my garden?

[Deleted User]

Brie said:

I haven't seen anything specific on this thread but if the OP is female and discovered a group of strange men in her garden I'm not surprised she would be shocked. And very likely frightened.  Particularly if she's an 2nd gen immigrant, possibly not white and the men are all white Brits. 

All that aside I would have asked them to leave or that I would call the police.   If they argued I would have phoned without reservation.  

I certainly would have no issues with my neighbour saying that they needed access in advance of the day.   I doubt that anything would have been arranged without some comment about "oh the tree is at the fence line!  Can you ensure your neighbour knows we may need access?"  And if there hadn't been that conversation I wouldn't think the men doing the work were from a very professional firm.

Ultimately though at this point I do think now it's one you have to make into that "funny story about me in a towel and those tree guys in the garden".  

This. In 2021 Britain people who are immigrants or non white have to be careful. Things have been getting worse for years.

[Deleted User]

canaldumidi said:

turnitround said:

Im amazed at how many posters say they would call the police in these circumstances. 

Even if the police did have time to attend they would not be very impressed to get there to find someone saying 'These are workmen from next door and they didn't ask first'.

What a complete waste of police time.

Plus there is a relevant offence:

section 5(2) Criminal Law Act 1967

The offence of wasting police time is committed when a person causes any wasteful employment of the police:

• by knowingly making to any person a false report orally or in writing tending to:
  • show that an offence has been committed; or,
  • give rise to apprehension for the safety of any persons or property; or,
  • show that he has information material to any police inquiry.

It is a summary only offence carrying a maximum penalty of six months' imprisonment and/or a level 4 fine.

Don't be ridiculous.

The operator on the call would decide if it's an emergency or if they can send a PCSO. This kind of offense only comes into play if you lie to the police to get them to come.

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

Slithery

[Deleted User] said:

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

There was no crime appearing to be committed.

Wyndham

Brie said:

I haven't seen anything specific on this thread but if the OP is female and discovered a group of strange men in her garden I'm not surprised she would be shocked. And very likely frightened.  Particularly if she's an 2nd gen immigrant, possibly not white and the men are all white Brits. 

All that aside I would have asked them to leave or that I would call the police.   If they argued I would have phoned without reservation.  

I certainly would have no issues with my neighbour saying that they needed access in advance of the day.   I doubt that anything would have been arranged without some comment about "oh the tree is at the fence line!  Can you ensure your neighbour knows we may need access?"  And if there hadn't been that conversation I wouldn't think the men doing the work were from a very professional firm.

Ultimately though at this point I do think now it's one you have to make into that "funny story about me in a towel and those tree guys in the garden".  

I agree with this. I'm female, and know that I have to make decisions about what I will do, where I will go, how I will react. I also know that lovely as my husband is, at 6'4'' he's never even had to think about this stuff.

I'd be very concerned to find four men in my garden, and may well call for help before I confronted them.

user1977

Slithery said:

[Deleted User] said:

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

There was no crime appearing to be committed.

Who claimed there was? If you report there's some men acting suspiciously in your garden, that's not a "false report" of a crime. Though I agree it would probably be an overreaction to call the cops as a first response. 

maisie_cat

[Deleted User] said:

They were very lucky, I'd have just called 999 and not tried to confront them.

I think the OP didn't want to be "that" neighbour

[Deleted User]

Slithery said:

[Deleted User] said:

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

There was no crime appearing to be committed.

Trespass is a crime. So is cutting someone's tree without permission, and these guys seem to have been a bit fuzzy on that concept.

user1977

[Deleted User] said:

Slithery said:

[Deleted User] said:

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

There was no crime appearing to be committed.

Trespass is a crime.

No it isn't, as already explained above. 

canaldumidi

[Deleted User] said:

Slithery said:

rigolith said:

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

There was no crime appearing to be committed.

Trespass is a crime. So is cutting someone's tree without permission, and these guys seem to have been a bit fuzzy on that concept.

Trespass is not a crime - it's a civil matter, not criminal.

And my understanding is that the tree belonged to the neighbour, not the OP.

As for my reference earlier to the Criminal Law Act 1967, that was somewhat tongue in cheek. Motivated by the over-reaction suggesting the OP should have called 999. I do indeed believe that would have been wasting police time (and with the last few years' cuts their time needs focussing), though obviously not to the extent to warrant prosecution under the Act!

sheramber

[Deleted User] said:

Don't be ridiculous.

The operator on the call would decide if it's an emergency or if they can send a PCSO. This kind of offense only comes into play if you lie to the police to get them to come.

Shame on you, discouraging people from seeking assistance for fear of prosecution. A call to 111 is more than justified, or 999 if there seems to be a crime in progress.

. A call to 111 is more than justified,

What would NHS do?