Is there much difference in the laws of trespassing in Scotland to England?

[lonewolf]

Do you know if the laws are as lenient as they are in England also anybody been caught exploring in Scotland, I know there is content on Google just thought I'd ask for an experienced point of view.

I'm going over at the end of next week to visit the other half going to do a spot of exploring over there.

Cheers in advance!

 

[SlimJim]

That's a good question actually. Don't they have some sort of right-to-roam law there?

 

[krela]

That's a good question actually. Don't they have some sort of right-to-roam law there?

No, not in houses and buildings they don't!! It's quite specific to countryside.

 

[lonewolf]

Thanks for the heads up Krela!! Appreciate it

 

[wolfism]

As Krela says, "Right to Roam" only covers open country - basically moorland, farmland, mountains and so on - but areas close to homes are excluded, in other words what you'd consider their grounds or gardens. Good link here - Access Law and Scottish Outdoor Access Code

If you explore in Scotland and you're caught inside buildings, you're usually asked politely to leave. If not, the police may either charge you with Breach of the Peace (which they use as a catch-all) or Being in an Enclosed Place with Intent to Steal. That has to be proven to a criminal standard, i.e. beyond all reasonable doubt - but if you have a camera & memory card full of photographs, the procurator fiscal is unlikely to take it forward to the Sheriff Court. Good link here - Secret Scotland - Trespass Scottish

Criminal trespass on railways, MoD land, ports and airports, nuclear power works exactly the same as in England & Wales.

Long story short - the police can still charge you if you're somewhere you shouldn't be, although the risks aren't any higher than elsewhere in the UK.