Easylife wrote: ↑Sun Nov 08, 2020 2:55 am
Do you really think that any landowners at all are actually aware of these hidden rules? Gee, most casual detectorists aren't even! There will be no prosecutions at all of individuals detecting alone in the back of beyond as they are just following the given general government guidance in my opinion. So guess it's just down to the individuals interpretation and take your chances? But I'm not saying that you should, or that I will even, cos I'll just get barred until covid is over and that just ain't gonna be any time soon! So too long not to be part of TDH.
I agree with you, the rule is clumsily written and stupid, and I actually don't think it would be legally enforceable since the courts have stretched the definition of public place to pretty much include everywhere you can access without cutting a hole in the fence.
However, I don't fancy being the test case, nor do I fancy having my photo splashed over one of the anti detecting blogspot sites, you know they would jump on it if they thought they had a chance to make us look bad.
I can't imagine the rule will get changed, but I'm glad the NCMD are trying. Until it does change I'll obey it no matter how stupid I think it is.
Let's use the laws on pocket knives as an example, when the laws were written preventing people carrying knives, they specifically excluded folding pocket knives with a blade under three inches, this was to remain legal. The law was not specific enough however, and a judge decided that if that pocket knife has a locking blade when it is locked it is not a folding blade, so that the enterprising judge could then prosecute the person that the police had put in front of him, even though that person had followed the law as it was written and intended.
As our legal system is mostly based on precedent we are now stuck with the situation that locking blades are not folding blades, even if they can be folded, all thanks to the overreach of a few police officers and a judge.
With new legislation there has to be a test case, as no one knows how it will go on the day, I'd rather that wasn't aimed at me, and whichever way it goes, it will give those anti detecting blogs ammunition to throw at us, hopefully it'll just be a month, I cant see them changing it earlier than the end of the lockdown, just not enough votes in it, but if it's longer then hopefully our representative body can fix it, but either way we're stuck with it for the moment.