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Police Allegedly Arrest UK News Photographer For Standing In A Field (wordpress.com)
Long-time Slashdot reader Andy Smith, a Scotland-based news photographer, writes: I'm a press photographer. Slashdot has previously covered how the police used underhanded tactics to seize some of my work photos. But that was far from the end of the story. Several months of harassment culminated in me being arrested for standing in a field, something protected by law here in Scotland. I was given a police caution, which is a formal alternative to prosecution, but the police then cancelled the caution and prosecuted me anyway. Ironically, I was meant to be joining the police this month as a volunteer, but that has now been delayed by at least six months.
Earlier Andy had filmed the same police sergeant warning him not to photograph a minor traffic accident -- which had "seemed to anger him."
Earlier Andy had filmed the same police sergeant warning him not to photograph a minor traffic accident -- which had "seemed to anger him."
For reference - neither have these cops sworn to protect and serve the public. They have sworn “I, do solemnly, sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable with fairness, integrity, diligence and impartiality,and that I will uphold fundamental human rights and accord equal respect to all people, according to law.”
This didn't happen in England - it happened in Scotland, where it's explicitly written into law that it's completely legal to walk on someone else's land as long as you don't cause damage.
The police don't care that someone is standing in a field. Was he doing something that was illegal? Was he trespassing on private property and the owners didn't want him there, perhaps?
Read the article, which explains what occurred. The cliff notes is that the plod didn't want him to photograph an accident scene, even from afar.
And stop being such an American - in much of the world, including Scotland, the public has a right of way and right to roam and cannot be kept out of private property for a good reason (and ownership is not a good reason). Walking across a field, or stopping, as long as you don't cause damage is a right.
... or cause danger, or intrude on privacy. I.e. you won't have access to someone's back yard where they might reasonably expect privacy, or to a pasture with dangerous animals, but a field is fair game. If planted, footpaths must be provided to cross or skirt them, so you don't impede on the public right of way.
It's also a crime to prevent people from access without a good reason (and ownership is explicitly not a good reason). I.e. the policeman here is the one who should be prosecuted.
Try accessing the lands around Balmoral.
Crown land, military land and otherwise selected special exceptions exist. Exceptions can also be applied for and HAVE to be for things like T in the Park and festivals like it. At one T in the park someone remembered this wee fact and demanded their "right to roam" under Scottish law and ,as the organisers had forgotton to apply for exemption they had to open the gates.. I shit you not.
However, as said, there ARE most certaily exceptions and Royal residences are amongst them. You can usually pay for tours though when royalty are not in residence.