Finding info on a c...
 

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[Closed] Finding info on a conviction in Scotland?

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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 🙂


 
Posted : 26/09/2012 9:38 pm
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I suspect that those that need to know can find out 🙂

Have you tried googling (Scotsman, Herald etc)


 
Posted : 26/09/2012 9:39 pm
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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).


 
Posted : 26/09/2012 9:42 pm
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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.


 
Posted : 26/09/2012 9:44 pm
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trespassing with a firearm?

2 year sentence possible.


 
Posted : 26/09/2012 9:44 pm
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Call the Court?

What about the old "trespass isn't a crime in Scotland" FACT?


 
Posted : 26/09/2012 9:44 pm
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Do you have his real name?

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


 
Posted : 26/09/2012 9:44 pm
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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.


 
Posted : 26/09/2012 9:45 pm
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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 : 26/09/2012 9:46 pm
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How pressing is your need to know? Idle curiosity, or professional/legal need?


 
Posted : 26/09/2012 9:48 pm
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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? 😉


 
Posted : 26/09/2012 9:50 pm
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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.


 
Posted : 26/09/2012 9:52 pm
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Al, given some of the questions on here, you really never know! 🙂


 
Posted : 26/09/2012 9:53 pm
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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.


 
Posted : 26/09/2012 9:54 pm
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[quote=bencooper ]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?


 
Posted : 26/09/2012 9:54 pm
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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.


 
Posted : 26/09/2012 9:57 pm
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It was Rosslynlee - nice place, nothing serious in terms of exploring...


 
Posted : 26/09/2012 9:59 pm
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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


 
Posted : 26/09/2012 10:02 pm
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Yes, I know that one - I doubt he was camping there 🙂

It's all very odd - there's also good old Breach of the Peace of course...


 
Posted : 26/09/2012 10:07 pm
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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).


 
Posted : 26/09/2012 10:10 pm
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Lots of knowledgeable people on 28 days later urban ex site 8) 8)


 
Posted : 26/09/2012 10:16 pm
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Yup, I just thought there might also be some knowledgeable people here too, and perhaps more from the police or legal community 🙂


 
Posted : 26/09/2012 10:17 pm
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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.


 
Posted : 26/09/2012 10:22 pm
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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.


 
Posted : 26/09/2012 10:24 pm
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The Yak suggests looking up the person's bum and counting the rings.


 
Posted : 26/09/2012 10:25 pm
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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.


 
Posted : 26/09/2012 10:27 pm
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EDIT - should have read the whole thread first.


 
Posted : 26/09/2012 11:02 pm
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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 😆


 
Posted : 27/09/2012 9:06 am

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