FARMER’S INFORMATION GUIDE

Published by The Engagement Team, Police Headquarters Concept by Police Constable Glenn Palmer and Gill Finn, Community Safety Officer, Lincolnshire Police Headquarters.

Produced by the Graphic Design Department, Lincolnshire Police Headquarters. Contents

Introduction...... 1

Farming in Lincolnshire – An Insight of a Victim of Crime...... 1

Force Wildlife Crime Contacts...... 2 Force Wildlife Rural Crime Officer Force Dog Legislation Officer...... 2

District Wildlife Crime Contacts ...... 2

Crime Reduction Tactical Advisors...... 3

Community Safety Officers...... 3

Calling the Police...... 4

Emergency Calls...... 4

Non-Emergency Calls...... 4

Details you’ll be asked for when you report an incident...... 4

How we grade incidents...... 5

Hoax and Nuisance Calls...... 5

Why should I report Suspicious Activity to the Police?...... 5

Suspicious Incident Report – Keep Me Handy...... 6

External Contacts...... 7

Lincolnshire County Council...... 7

District Council Contacts – Main Contact Details...... 7

Parish Councils...... 7

Badger Trust...... 7

Farm Community Network...... 8 Lincolnshire Wildlife Trust...... 8

RSPCA...... 8

RSPB (Birds)...... 8

Angling Trust...... 8

National Wildlife Crime Unit (NWCU)...... 8

Partnership for Action Against Wildlife Crime (PAW)...... 8

Natural England ...... 9

Historic England ...... 9

Farming and Wildlife Advisory Group ...... 10

Rural Shops Alliance...... 10

The British Association for Shooting and Conservation (BASC)...... 10

NFU East Midlands...... 11

Country Land and Business Association (CLA)...... 11

Environment Agency...... 11

National Rural Crime Network...... 12

Tackling crime in rural areas...... 12

What we are here to do...... 12

How does it work?...... 13

Unique collaboration, powerful voice...... 13

Contact us, work with us...... 13

Health and Safety Executive (HSE)...... 14

Enforcement Policy Statement...... 14

Advice...... 14

Contact details for Lincolnshire region...... 14

Ways to contact HSE ...... 14 LINCSALERT Community Messaging System...... 16

How are we performing?...... 16

How are we reducing crime?...... 16

IMMOBILISE – to protect it, register it...... 17

Immobilise Property Crime...... 17

Reduce Property Crime...... 17

Register...... 17

Report...... 17

Reunite...... 17

CheckMEND Service...... 18

Thinking of buying a new personal item with a serial number?...... 18

What services does CheckMEND use to run checks?...... 18

Why do I need to a check?...... 18

What does it cost to search CheckMEND?...... 18

How current is the information CheckMEND searches?...... 18

CESAR Equipment Registration Scheme...... 21

The Art of Identification...... 23

Tracker Devices...... 25

TRACKER Plant...... 25

How does TRACKER Plant work?...... 25

The National Plant and Equipment Register (TER)...... 26

Contact us...... 26

CCTV – Your Responsibilities...... 27

Fertiliser Security Five Point Plan...... 28 Secure Your Nitrogen Fertilisers ...... 29

Fertiliser Security...... 30 Self-Help Checklist for the Storage and Handling of Ammonium Nitrate Fertiliser...... 30

The Dangerous Substances (Notification and Marking of Sites) Regulations 1990...... 32

2013 Change...... 32

Useful Legislation...... 36

Wildlife Offences...... 36

Firearms and Shotgun Licensing...... 46

Unlawful Metal Detecting - ‘Nighthawking’...... 46

Criminal Justice and Public Order Act 1994 (CJPOA)...... 48

Unauthorised Traveller Encampments...... 49

Section 69 (1) (CJPOA)...... 49

A Guide for Landowners, Residents and Travellers...... 50

Prevention...... 50

Initial Action...... 50

Police Powers...... 50

Summary of the Law...... 51

Possible Court Action...... 51

Rave Prevention...... 53

Operation Mastif ...... 53

Section 63 CJPOA 1994...... 53

Prevention...... 54

What have we learnt?...... 55

Disclaimer ...... 56 LINCOLNSHIRE POLICE – Farmer’s Information Guide

Introduction

Lincolnshire Police remain committed to tackling property safe by being an active participant in our rural crime, working in partnership with our rural watch schemes; signing up to LincsAlert; choosing communities and businesses. We’ve had some real from any of the other actions suggested here that may successes but that is no reason to drop our guard. be relevant. This information pack is designed to ensure that you You should have received this from one of our have all the information you are likely to need to play Neighbourhood Policing Team members. Please your part, and to help us play ours. support them and make use of them; they are there to serve you and your community. Being a victim of crime in a rural area can be troubling and that some such crime can be repeated unless We are as determined as ever to make you safe and we it’s stopped. That is why we need you to report what look forward to your help. you experience, and to help keep your home and

Farming in Lincolnshire – An Insight of a Victim of Crime

Recent figures show that the blight of rural crime is still very much an issue in the East Midlands. I myself have been targeted eleven times in the last four years. I have learnt an awful lot in that time and firmly believe that if I can raise awareness amongst members and prevent a few burglaries then my losses will not be in vain. One thing I have learnt is that we cannot rest on our laurels with regard to rural crime. Prevention will always be the first step on farms. Farmyards can be quite isolated places, therefore can be a haven for those slightly less honourable than ourselves. My experiences have shown me that what these people want, they generally do all they can to get. They are not the incompetent shoplifters we see on our television Charles Anyan screens, they are practical, clever, well prepared and Lincolnshire Farmer most of all determined. My last quadbike to be stolen was in a steel pen, inside an alarmed and fully locked workshop. The first time they managed to stop the Secondly we need to create a good working alarm ringing after eight seconds, the second time they relationship with the police. Every crime (no matter burnt a hole in the bell box to snip wires and therefore how trivial) needs reporting so they understand fully silence immediately and the third time they avoided the the problems we face, a decent two way dialogue is alarm all together by smashing through the brick wall essential in the fight against rural crime. They need into the steel pen and driving off with it. It quite simply to be convinced that rural crime is a serious issue was not a case of leaving it under the dutch barn with that needs addressing. We also need to sign up to the keys in. With this in mind I can’t emphasise enough their Farmwatch schemes (LincsAlert here in Lincs), the case for datatags, immobilisers, trackers, CCTV, big so we are aware of what is happening so we can act locks, alarms (which phone your mobile). An expense, accordingly. We need to form a robust partnership with but anyone who replaces quadbikes as often as I seem which to hit rural crime where it really hurts. to do will realise what a frustrating and boring an exercise it is.

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Force Wildlife Crime Contacts Force Wildlife Rural Crime Officer Force Dog Legislation Officer PC 160 Nick WILLEY [email protected] Force Dog Training Establishment 01522 731897 Grange De Lings 101 ext 47161 Lincoln LN2 2NA 07768 501895 District Wildlife Crime Contacts Station Contact Telephone

GRANTHAM PC 1306 Steve LAVERTY 101 ext 3294 [email protected] 07810 853937

GRANTHAM PCSO 2213 Hayley SUGDEN 101 ext 3340 [email protected] 07825 100356

BOSTON PC 612 Dave BRENNAN 101 ext 2207 [email protected] 07500 920440

BOSTON Sgt 367 Bryn PARRY * 101 ext 2242 [email protected]

SLEAFORD PC 418 Martin GREEN * 01529 308658 [email protected] 07973 844728

WEST LINDSEY PC 490 Chris BELL 101 ext 6634 [email protected] 07944 776883

EAST LINDSEY PCSO 2162 Alison Evans 101 ext. 5604 [email protected] 07973 847496

SOUTH KESTEVEN PC 116 Aaron Flint 101 ext. 3318 [email protected] 07825 100356

SPALDING PC 86 James Perring 01522 947302 07789 543411

N.B. * denotes ex Op Galileo team members.

PLEASE NOTE: Wildlife Crime Officers are not trained to deal with dangerous dogs, any issues of this nature should be referred to either PC 160 Nick Willey (Lincs) or the on duty EMOpSS dog handler or DLO. Refer to EMOpSS Dangerous Dogs Policy on the intranet.

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Crime Reduction Tactical Advisors Sally Picker 101 ext 3331 WEST 07867 936487 (Grantham Police Station) Michael Rimmer 101 ext 4627 EAST 07500 920424 (Horncastle Police Station) Community Safety Officers Gill Finn 01522 558146 POLICE HEADQUARTERS 101 ext 8146 Gillian Fleet 01522 558131 POLICE HEADQUARTERS 101 ext 8131

PC Nick Willey and Barney

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Calling the Police

Lincolnshire Police receive approximately 400,000 calls each year, and around 85,000 of these are emergency 999 calls. All calls to Lincolnshire Police are answered by the Force Control Room (FCR) at Police Headquarters, Nettleham, Lincoln.

Emergency Calls CALL TAKERS WILL: • Create an incident if appropriate and record the If you are ringing to report an emergency, dial 999. circumstances of your call. The 999 number is a 24 hour service and should only be used in situations where there is: • Assess the nature of the call and determine an appropriate grading. • danger to life • This will inform the response. • use, or immediate threat of use, of violence CONTROLLERS WILL: • a crime in progress • Resource incidents with the appropriate resources • serious injury to a person which could be Special Constables, PCSOs, • an offender that has just been disturbed at Police Officers or specialist officers such as the scene Dog Handlers, Firearms Officers and scenes of crime officers. • a need for immediate police attendance such as when a crime is about to be committed • Carry out necessary intelligence checks on Police databases to support that deployment. What Happens When You Ring 999? When you ring 999, the BT Operator will ask you Details you’ll be asked for when which emergency service you require and the number you report an incident you are calling from. If you request Police in the Lincolnshire area you will be transferred to the FCR in If you ring Lincolnshire Police to report an incident Nettleham. The Call taker will ask you the location of you will be asked a series of questions: the emergency and what the emergency is. They will • Your name. then take your details. • The number you are calling from. It is important to only dial 999 in an emergency. • The location of the incident. • Your address and contact number. Non-Emergency Calls • Your date of birth. The Lincolnshire Police non-emergency number is • What has happened, who was involved, when 101. This is also a 24 hour service. did it happen, where did it happen, how has SWITCHBOARD WILL: it happened? • Transfer you to the department or extension Take your time to answer the questions correctly and number you require. as clearly as possible. The Call takers need to get as much information from you so the Controllers can • Transfer you to a Call taker who may create inform the Officers of the circumstances prior to them an incident. attending and any risk assessments can be carried out to ensure the safety of the Public and Officers.

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How we grade incidents ROUTINE • Any other call where Police attendance is Incidents are graded into the following categories: appropriate but arranged at a time to meet URGENT your needs. • Immediate risk to life or injury. If an incident is graded as ‘routine’ we will provide you with an appointment which suits your availability and • Crimes in action with suspects on scene or nearby. matches the circumstances of your incident. You will • Important evidence may be lost. know when to expect the officer. If we are unable to attend at that specified time, we will contact you to If an incident is graded as ‘urgent’, a resource will rearrange. be deployed to attend. We aim to attend ‘urgent’ incidents in urban areas within 15 minutes and within 20 minutes in rural areas. Hoax and Nuisance Calls PRIORITY Lincolnshire Police do unfortunately receive hoax and nuisance calls. It is illegal to make a such calls • No immediate risk to life or injury. and by doing this you are putting people’s lives • Where prompt but not immediate attendance is at risk by preventing us from answering genuine appropriate to the circumstances. emergency calls.

• We will attend ‘priority’ incidents as soon as a Lincolnshire Police will prosecute persons who resource is free, but this may not be for a few intentionally misuse the communications systems. hours. However, each priority is assessed on its own merits, using our professional judgment, and some will take precedence over others.

Why should I report Suspicious Activity to the Police?

Members of the public often quote that they do 5. Incidents are checked daily by the Neighbourhood not report incidents as no follow up is given to the Policing Teams, CID Officers, and Crime Prevention information reported. Officers, so even if no further action is required the information is looked at by various staff within It is shown on the example below how we respond to Lincolnshire Police information supplied: If a suspicious car is reported, the information 1. Member of the public reports a is available to the NPT’s and if this car keeps suspicious incident being reported then further follow up action is 2. Call taker is assigned to record the details and an prioritised locally. incident number is allocated ALL suspicious incidents should be reported so that 3. If non-urgent but follow up is required, this is our intelligence of local activity enables us to pin assigned to a police officer accordingly for action point possible criminal activity prior to any actual within 24-hours or a diary appointment is made crimes taking place. 4. If non-urgent but no follow up is required this is still logged on our system as such

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Suspicious Incident Report – Keep Me Handy

Time:...... Date:...... Place:...... Details of incident:...... Person/s No. of person/s:...... Sex: Male Female ...... Ethnicity:...... Age:...... Height:...... Build:...... Hair description:...... Facial hair:...... Tattoos/scars: ��������������������������������������������������������������������������������������������������������������������������������������� Clothing:...... Accents:...... Glasses: Yes No Vehicle/s Type (car, van, etc.):...... Reg. No...... Make/model:...... Colour:...... Other features:...... No. of people in vehicle:...... Direction of travel:...... Dogs: Yes No ...... Breed:...... Guns: Yes No ...... Type:...... Any Other Information ......

Signed:...... Date:...... My contact details/address:......

You can photocopy and hand this form into your local police station, to find your nearest location visit, www.police.uk or ring 101. For crime in progress ring 999.

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External Contacts

Lincolnshire County Council South Holland District Council Tel: 01775 761161 County Offices, Newland, Lincoln LN1 1YL Email: [email protected] Tel: 01522 552222 Main advice line 8am to 6pm Fax: 01522 516137 South Kesteven District Council Minicom: 01522 552055 Tel: 01476 406080 Email: [email protected] Email: [email protected]

Community Safety West Lindsey District Council Emergency planning, crime and disorder contacts. Tel: 01427 676676 (8.45am-5.15pm Monday to Thursday and 8.45am- Email: [email protected] 4.45pm Friday) Tel: 01522 782050 Parish Councils Highways and Planning The Lincolnshire Association of Local Councils Enquiries about roads, footpaths, street lighting, endeavours to maintain the most up to date records recycling and environmental services. (8am-6pm of Parish Councils, and they can assist in many ways, Monday to Friday) including arranging the circulation of appropriate information. They can be contacted at: Tel: 01522 782070 LALC District Council Contacts – Main Dunholme Old School, 8 Market Rasen Road, Contact Details Dunholme, Lincoln LN2 3QR Tel: 01673 866596 Boston Borough Council Tel: 01205 314200 Badger Trust Email: [email protected] The Badger Trust is a limited company (number East Lindsey District Council 5460677) and a registered charity (number 1111440). We promote and enhance the welfare, Tel: 01507 601111 conservation and protection of badgers, their setts Email: [email protected] and their habitats for the public benefit. We are the leading voice for badgers and represent and Lincoln City Council support around 60 local voluntary badger groups and around 1,000 individual supporters. The Badger Tel: 01522 881188 Trust provides expert advice on all badger issues Email: [email protected] and works closely with Government, the police and other conservation and welfare organisations. We North Kesteven District Council use all lawful means to campaign for the improved protection of badgers and the Trust is a member Tel: 01529 414155 of the Partnership for Action Against Wildlife Crime Email: [email protected] (PAW) and Wildlife and Countryside Link.

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The National Federation of Badger Groups (NFBG) Angling Trust can be contacted on tel: 020 7498 3220 (fax: 020 7627 4212) and their website is: www.nfbg.org.uk The Angling Trust is the new, single organisation to represent all game, coarse and sea anglers and Grinstead, P.O. Box 708, East Grinstead RH19 2WN angling in England. We lobby government, campaign Tel: 08458 287878 on environmental and angling issues and run national Email: [email protected] and international competitions. We fight pollution, commercial over-fishing at sea, over-abstraction, poaching, unlawful navigation, local bans and a host Farm Community Network of other threats to angling. Angling Trust Eastwood House, 6 Rainbow Street, www.fcn.org.uk Leominster, Herefordshire HR6 8DQ 0845 367 9990 Helpline: Tel: 08447 700 616 (For Membership enquiries select Option 1) Fax: 0115 9061 251 Lincolnshire Wildlife Trust Office hours are Monday to Thursday 9.00am-5.00pm and Friday 9.00am-4.30pm. Please leave a message Banovallum House, Manor House Street, Horncastle, if you call outside these hours or email us. Lincolnshire LN9 5HF United Kingdom Email: [email protected] Tel: 01507 526667 Email: [email protected] National Wildlife Crime Unit (NWCU) RSPCA The National Wildlife Crime Unit provides investigative The RSPCA believes that the basic welfare of support to Police Officers, can compile intelligence all animals must take into account the ‘Five packages and analyse crime patterns. Welfare Needs’. www.nwcu.police.uk These needs are: • somewhere suitable to live • a proper diet, including fresh water Partnership for Action Against • the ability to express normal behaviour Wildlife Crime (PAW) • for any need to be housed with, or apart from, The Partnership for Action Against Wildlife other animals Crime (PAW) is a multi-agency body comprising representatives of the organisations involved in • protection from, and treatment of, illness wildlife law enforcement in the UK. and injury. It provides opportunities for statutory and non- If you wish to report an at risk animal ring: 0300 Government organisations to work together to combat 1234 999 emergency reporting line. wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through RSPB (Birds) supporting the networks of Police Wildlife Crime Officers and HM Revenue and Customs officers. Niki Williamson (Lincolnshire) Senior Conservation Officer (Farmland) Any enquiry relating to wildlife offences should be dealt with by police Wildlife Coordinator Officers. Telephone: 01354 680233 E-mail: [email protected] Email: [email protected] Fax: 0117 372 8393

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Natural England • Supporting change • Understanding historic places and Contact Natural England • Providing expertise at a local level SWITCHBOARD Tel: 0300 060 6000 WE CHAMPION HISTORIC PLACES Opening times: 8am to 5pm, Monday to Friday and 24 By standing up for historic places, everyone, from hour emergency response service individuals and communities to government and Calls are answered by an external switchboard major landowners, can look after and care for service which connects callers to Natural England heritage. staff. To help the switchboard operator route your call We make sure they understand and appreciate the correctly, please tell them the: benefits England’s heritage brings and why it should • name of the person or team you wish to speak to be respected, cherished and enhanced as part of the (where known) very soul of our nation. • geographical area it relates to We open up heritage for everyone, using digital resources, media campaigns, our unsurpassed archive, publishing, public information and ENQUIRIES TEAM exhibitions. Natural England, Block B, Government Buildings, Whittington Road, Worcester WR5 2LQ WE DELIVER NATIONAL EXPERTISE AT A Email: [email protected] LOCAL LEVEL Tel: 0300 060 3900 Our local offices are the principal point of contact for Opening times: 8:30am to 5pm, Monday to Friday many customers. Please contact us if your enquiry relates to: Our staff specialise in assessment, processing grants, giving advice to owners, developers and local • designated sites, excluding National authorities, as well as designation, heritage data, Nature Reserves government policy and communications. • farming and land management, including Our people work with partners across each region to Countryside or Environmental Stewardship raise the profile of the historic environment and make • marine sure that it makes the fullest possible contribution across the country. • planning and development • wildlife management and licensing The East Midlands local office covers the following areas: • publication requests • Derbyshire • use of the Natural England logo • Leicestershire • Lincolnshire Historic England • Northamptonshire Historic England’s Role • Nottinghamshire • Rutland We are the public body that looks after England’s historic environment. Address:

We do this by: 2nd floor, Windsor House, Cliftonville, Northampton NN1 5BE • Championing historic places Tel: 01604 735460 • Identifying and protecting our heritage Email: [email protected]

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Farming and Wildlife Advisory The RSA is able to provide directly, or enable access to, a wide range of information specifically relevant to Group the needs of a village shop. The Farming and Wildlife Advisory Group is the The RSA is also able to offer in-shop consultancy UK’s leading independent and dedicated provider advice on a one-to-one basis for rural retailers. We of environmental and conservation advice to usually have to ask the beneficiary to cover our costs farmers. FWAG is a national Charity that helps for this service. farmers and others who manage the countryside to protect native wildlife for future generations whilst Contact us producing food. Established in 1969 by a group of farmers who were concerned about the dramatic RSA, Rural Shops Alliance, 20 Garland, Rothley, loss of habitat and wildlife as a result of the ever Leicester LE7 7RF increasing intensification of farming methods. It is an Tel: 01305 752044 independent Registered Charity. Operates throughout Email: [email protected] England, Wales and Northern Ireland. Contact us The British Association for FWAG Ltd - England, Wales, Northern Ireland. Registered in England No: 1705669. Charity Shooting and Conservation (BASC) No: 326348 There are currently 127,000 members of The Registered Office: BASC. Its mission is to promote and protect sporting Stoneleigh Park, Kenilworth, Warwickshire CV8 2RX shooting and the well-being of the countryside throughout the United Kingdom and overseas. It Tel: 02476 696699 represents members’ interests by providing a voice Fax: 02476 696760 for sporting shooting which includes wildfowling, Email: [email protected] game, and rough shooting, deer stalking, target shooting and air gunning, pigeon shooting and pest control, gun dogs, promoting practical habitat Rural Shops Alliance conservation, training and the setting of standards and undertaking appropriate research. The Rural Shops Alliance is a national trade association working to support the owners of BASC is a national representative body for sporting independent rural shops. We represent over 7,000 shooting and has five strategic objectives: such businesses in England. • A strong and unified voice for shooting The objectives of the RSA are: • All party backing for shooting • To act as the national voice for rural retailers • Balanced comment in the media • To campaign on their behalf • Continued opportunity to go shooting • To help them to become more competitive, to the • High standards benefit of the communities that they serve. Retailing is a fast moving industry and it is vital that Contact us current shopkeepers keep up to date and that people Marford Mill, Rossett, Wrexham LL12 0HL entering the industry for the first time hit the ground running. The RSA is able to offer a variety of training Tel: 01244 573 000 courses tailored to particular requirements. These Fax: 01244 573 001 courses are usually run in conjunction with our county Associate Members.

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NFU East Midlands Environment Agency The National Farmers Union is a trade organisation We are an Executive Non-departmental Public Body to help farmers and growers and has a powerful responsible to the Secretary of State for Environment, lobbying voice at Westminster and in Europe as it Food and Rural Affairs and an Assembly Sponsored represents 80% of all farmers. Public Body responsible to the National Assembly for Wales. Nationally and regionally we are served by policy advisors who ensure we are kept up to date with all Our principal aims are to protect and improve the current legislations and directives. the environment, and to promote sustainable development. We play a central role in delivering Contact us the environmental priorities of central government and the Welsh Assembly Government through our Office Address: functions and roles. We are responsible for protecting Agriculture House, North Gate, Uppingham, and improving the environment of England and Rutland LE15 9NX Wales. We also have responsibility for protecting communities from the risk of flooding and managing Tel: 01572 824250 water resources. Fax: 01572 824251 Email: [email protected] We have 13,500 employees and an annual budget of Twitter: @NFUEastMidlands more than £1.1bn a year. We are a public body - around 60% of our funding comes from government, and most of the rest comes Country Land and Business from various charges schemes. We are independent, Association (CLA) but we work closely with the government to get the best possible results for the environment. Founded in 1907, the Country Land and Business Although we work across England and Wales, we Association (CLA) is the membership organisation have regional offices working closely with other for owners of land, property and businesses in rural regional bodies to develop the right solutions for local England and Wales. environments. We also have area offices working with The CLA in-house professional advisory team gives local authorities and others to tackle the immediate unlimited, independent and impartial information environmental issues in your area. on a wide range of rural issues. This service is completely free. Contact us Our Eastern Office can be contacted at: Tel: 03708 506 506 Lanwades Business Park, Kentford, Newmarket, Email: [email protected] Suffolk CB8 7PN Environment incident hotline: Tel: 01638 590429 Telephone (24 hour service) 0800 80 70 60 Email: [email protected] Hazardous waste registration: Telephone (Monday to Friday, 8am to 6pm) 03708 502 858 Recommended by the Home Office.

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National Rural Crime Network

The impacts of crime in rural areas are many and varied, with the cost of theft alone being estimated at around £44.5m a year.

By helping to reduce crime and mitigate its impact, the National Rural Crime Network supports people What we are here to do... visiting, working and living in the rural communities of England and Wales. The Network has five clear aims.

In the face of ever-increasing competition for money, 1. Highlight the social, economic and personal costs it is also vitally important that rural areas are not left of crime and anti-social behaviour to help ensure behind their urban neighbours. Through its members, fair distribution of resources nationally and locally. the Network helps ensure the needs of rural 2. Provide the public, police and partners with communities are fully understood and met. examples of best practice and innovative work in rural locations, so that they can be taken up more Also, despite shrinking resources, the police and widely across England and Wales. partners are continuously finding new and effective ways to keep rural communities safe and support 3. Provide reassurance to people living in rural areas victims. The Network helps share and promote this that their concerns are being taken seriously best practice. and to encourage people to come forward with their views. Tackling crime in rural areas 4. Encourage a stronger local response from the public and businesses to help promote community The Network is concerned with all crime and anti- safety and reduce crime in rural areas. social behaviour occurring in rural areas. This 5. Working alongside professionals and practitioners, includes problems typically associated with the act as a forum to help develop effective countryside such as wildlife and heritage crime, farm preventative community safety and crime equipment and animal thefts. However, there are reduction initiatives. particular challenges associated with a wide range of crimes perpetrated in rural areas, for example, drug The National Rural Crime Network will help dealing, domestic abuse and burglary, which very support rural communities and businesses that often present different demands to incidents in cities are all too often targeted by ruthless criminals who and urban areas. consider homes and property in the countryside an easy target. Providing services across large, sparsely populated geographical areas can also be more costly than Mike Penning MP in urban areas, and as resources come under Policing Minister even greater pressure, this is becoming even more challenging. It is vital that the voice of the countryside is heard and the personal, social and economic costs of crime and anti-social behaviour are fully understood and acted upon.

Moreover, whilst the volume of crime in rural areas is very often lower than in urban locations, its consequences can be equally impactful and profoundly undermine feelings of personal safety - a basic human need.

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How does it work? with a deep interest in community safety and rural affairs. These include the Country Land and Members of the Network meet regularly at locations Business Association, the National Farmers Union, across England and Wales to share ideas and Neighbourhood Watch, Crimestoppers, Farmers innovations from different parts of the country. Weekly, the National Community Safety Network, Initiatives are assessed for their quality, effectiveness Historic England (formerly English Heritage), and potential for wider implementation in other areas. Countryside Alliance, NFU Mutual Assurance, the This work is coordinated with the national policing Rural Services Network, and leading academics. lead for rural crime and the College of Policing, which is building a database of “what works”. The network is funded jointly by its members and the Home Office. Together these members and Sharing best practice in this way helps improve supporters represent millions of people and as such effectiveness and efficiency, thus contributing to the Network is uniquely placed to champion the reducing the occurrence and impact of crime in needs of rural communities. rural areas. For a full list of members please go to It is also essential that the Network is informed by www.NationalRuralCrimeNetwork.net facts and evidence, so commissioning and conducting research is of particular importance. Through its membership, the Network has unparalleled access Contact us, work with us to millions of people visiting, living and working in The Network is interested in hearing from anyone rural areas. This is vital in helping the Network have with a view or contribution to make in keeping rural a conversation with people in rural communities, to communities safe. deliver on its objectives. You can also access a rich source of ideas, best Further details of the Network’s membership, work, practice and evidence, which it may be possible to case studies and research can be found at: apply to your local area. So if you want to discover www.NationalRuralCrimeNetwork.net how others have dealt with an issue or have an idea to put forward, the Network may be able to help.

Alternatively, you could be interested in getting directly involved in the Network or contributing to the debate on rural crime.

If you wish to report a crime, please call 101 to contact your local police force or if you need to discuss a specific issue local to your own area, please contact your own Police and Crime Commissioner.

National Rural Crime Network Rural Services Network Unique collaboration, powerful Kilworthy Park voice Tavistock PL190BZ Established in July 2014, the Network is supported by 28 Police and Crime Commissioners and police forces Tel: 01822 813693 across England and Wales. The inaugural chair is Email: [email protected] Julia Mulligan the Police and Crime Commissioner for Web: www.NationalRuralCrimeNetwork.net North Yorkshire and Vice-Chair is Tim Passmore, PCC Twitter: @NationalRCN for Suffolk.

In addition to PCCs and the police, the Network is supported by a wide range of other bodies

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Health and Safety Executive (HSE)

HSE’s emphasis is on prevention but also As an employer, you must appoint someone enforcement against those who put others at risk. competent to help you meet your health and safety duties. A competent person is someone with the Enforcement ensures that dutyholders necessary skills, knowledge, and experience to • deal immediately with serious risks; manage health and safety. • comply with the law; and Here you could appoint yourself as a competent person or one or more of your workers. However, if • are held to account if they fail in their you are not confident of your ability to manage all responsibilities. health and safety in-house, or if you are a higher-risk business, you may need some external help or advice. Enforcement Policy Statement Deciding what help you need is very important. The Health and Safety Commission’s (HSC’s) Unless you are clear about what you want, you Enforcement Policy Statement explains the general probably won’t get the help you need. principles and approach which HSC expects enforcing authorities (mainly HSE and local authorities) to follow. Contact details for Lincolnshire region This report covers all the workplaces and activities where HSE is the enforcing authority, for example factories, farms, offshore gas and oil installations, Nottingham nuclear installations, mines, schools and hospitals. Kingsley Dunham Centre, The report does not cover workplaces where local Nicker Hill, authorities have enforcement responsibility – for Keyworth, example most offices, warehouses, shops and Nottingham consumer services. NG12 5GG Our evidence confirms that enforcement is an Fax: 0115 937 7501 effective motivator and deterrent. It plays an Covers: Nottinghamshire, Derbyshire, important role in securing compliance as well as Lincolnshire (most) promoting self-compliance. (North Lincolnshire covered by Sheffield office) Advice Ways to contact HSE We don’t take enforcement action lightly. Visits from our inspectors give duty holders the opportunity There are numerous ways to contact HSE depending to get expert advice face to face. A proportionate upon your requirements: approach is taken to any breaches, so in less serious cases, the inspector will explain how the duty holder Report an Incident is not complying with the law and advise them how to put the problem right. The inspector will explain All incidents can be reported online but a telephone legal requirements and good practice, as well as service remains for reporting fatal and major confirming the advice in writing if asked. However, injuries only - call the Incident Contact Centre on failure to follow the advice from our inspectors is 0345 300 9923 (opening hours Monday to Friday often taken into account by courts if that failure 8.30am to 5pm). results in harm.

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Do I need to contact out of hours? • following an incident which has caused major disruption such as evacuation of people, closure The type of circumstances where HSE may need to of roads, large numbers of people going to respond out of hours are: hospital etc.

• following a work-related death If your incident fits these descriptions ring the duty • following a serious incident where there have officer on0151 922 9235. been multiple casualties

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LINCSALERT Community Messaging System

LincsAlert is a two way messaging system between Lincolnshire Police, Neighbourhood Watch (NHW) and registered members. The system is capable of sending alerts by email, text (SMS) and telephone call. The messages are sent instantly to the members and replies are received back within seconds.

Nationally the Neighbourhood Alert system (which incorporates all the regional systems) has over How are we performing? 306,000 registered members and ALL of the East On average in Lincolnshire, we send over 155,216 Midlands Police Forces use this system. In effect, emails per month, 9,204 text messages and make we can send messages across the whole of the East 4,798 calls to home telephones. Midlands and via National Neighbourhood Watch across the whole of England and Scotland. LincsAlert will also automatically tweet to our followers, either by Neighbourhood Policing Team At present in Lincolnshire (June, 2017) we have just area or nationally to the Neighbourhood Alert over 20,200 unique registered members. followers (43,000) The system is the messaging tool for all our watch schemes, including: How are we reducing crime? • Farm and Country Business Watch SUCCESSFUL RESULTS – these are examples of real • Horse Watch incidents! • Business Watch Recovered Property • Canines on Patrol (COP) • Stolen Quad Bike. • Allotment Watch • Details issued via LincsAlert. • and many others • Owner identified. Benefits of the system include: • Bike returned! • Website available 24 hours a day. • Totally confidential, secure service - your data is Information Reporting never shared without your consent. • Member of Canines on Patrol reported suspicious • Subscribe to receive alerts by email, individuals 21.45. phone and text. • Officer despatched. • Join an on-line virtual NHW scheme and swap ideas with other members. • Transporter stolen from area recovered at 22.35. • Report information to your Neighbourhood • Dog walker knew to report suspicious behaviour. Policing Teams. • Receive feedback and updates about your reports. • Completely free to receive service. • Unsubscribe at anytime.

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IMMOBILISE – to protect it, register it.

Register your property for FREE and improve your chances of getting it back if it is lost or stolen.

Immobilise Property Crime Register The Immobilise national property register is a secure Register your property for free at database that enables members of the public to www.immobilise.com, it only takes a couple of register their items for FREE. When an item is lost minutes and once you have registered you will have a or stolen, you can then flag it up as such and all the better chance of getting your property back if it’s lost national police forces can see that item on the police or stolen. database called NMPR. Local shops that specialise in second hand items can also access stolen or lost items. This means that an offender trying to sell your Report property can be stopped in their tracks as soon as If any item of registered property is lost or stolen they try to sell on your property. report it to Immobilise via your online account. This Lincolnshire Police has been proactive in information is then made available nationally to all recommending the use of immobilise for one the major UK Police forces via their online systems. good reason - Reunite Real life incident If your registered property is recovered either the “I went to a Robbery in March 2013 where a student Police or Immobilise will contact you and let you know was badly beaten and had his blackberry stolen at its location. 4am. I attended and got the IMEI number there and then and entered it onto NMPR. At 10am the suspect Register now www.immobilise.com tried to sell it to a local second hand dealer who conducted a CheckMEND report on that IMEI (check of NMPR/Immobilise). It flagged up as stolen and the shop contacted us. We arrested the suspect and he got 4 years in prison for Robbery”

This is just one example of how we are using database technology to catch criminals in the act of selling stolen goods.

Reduce Property Crime Thousands of items of property are lost or stolen each year in the UK. The Immobilise National Property Register already holds the details of 20 million items of property. Add yours now to protect your property and to help the Police stop property crime.

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CheckMEND Service

Thinking of buying a new personal Why do I need to a check? item with a serial number? As a private individual...CheckMEND, as recommended by Ebay, can help you to avoid buying To protect you when buying second hand items it is stolen or counterfeit goods or a mobile phone that good practice to use the CheckMEND service to trace won’t work correctly because it’s blocked/disabled. It any known history of that item. can also help you sell an item as each check comes Items such as mobile phones, laptops, camera, in with an official CheckMEND report that you can fact anything that has a serial number. provide to any buyer. As a business...CheckMEND represents the very best What services does CheckMEND in integrated due diligence to help your employees avoid buying or selling stolen goods or disabled use to run checks? mobile phones. Every check is recorded in your online CheckMEND is an aggregated product that brings account for future reference and all checks come together a range of checking services all of which with a CheckMEND report that you can provide to any check different databases. This means that in one prospective buyer. check you utlise a range of services automatically and get one set of results back saving you time What does it cost to search and money. CheckMEND? The services that you use when you do a check with CheckMEND can be broadly defined as: Searches against the CheckMEND system start at just £1.99 for a single check with discounts available • The Stolen Property Checking Service for account holders purchasing multiple checks. • The Lost Property Checking Service • The Network blocked/blacklist Checking Service How current is the information • The Insurance claim Checking Service CheckMEND searches? • The Outstanding Finance Checking Service Everyday new devices are manufactured, lost/stolen • The Cloned and Counterfeit Checking Service phones & gadgets are blocked, have insurance claims against them, used goods are sold/bought etc. • The Previous Owners Checking Service CheckMEND works closely with its data providers to • The Warranty Claim Checking Service ensure updates are provided as close to real-time as possible, the practicalities of securely providing data • The Recycled/Refurbished Checking Service. means this ranges from seconds for some providers through to hours for others.

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CESAR Equipment Registration Scheme

What exactly is CESAR? It’s literally impossible for thieves to remove all the tell tail identification traces from a CESAR CESAR is an equipment registration and security registered machine. scheme using Datatag hi tech security markings that acts as a powerful deterrent to theft and an What type of equipment can CESAR be invaluable aid in recovery, in the event of theft. fitted to? Does it work? CESAR can be fitted to all types of self-propelled and trailer mounted construction and agricultural Yes. Official statistics issued by the Plant and equipment. Agricultural National Intelligence Unit, based within Scotland Yard, show that a machine without CESAR is 4 times more likely to be stolen than a CESAR Which manufacturers fit CESAR? registered machine. Plus the recovery rate for Many leading construction and agricultural unregistered plant is as low as 5% but the recovery manufacturers fit CESAR powered by Datatag as rate for stolen CESAR registered machines has standard on the machines they supply into the UK increased to nearly 30% in 2009, 6 times that for and Republic of Ireland. Further information can be ‘unregistered’ plant. found on the latest news section.

Who supports CESAR? Can CESAR be fitted to CESAR powered by Datatag has wide industry existing machines? support, in both the construction and agricultural markets, from official bodies including the Home Yes. CESAR can be fitted to any type of construction Office and ACPO, leading manufacturers, the and agricultural machine of any age. An additional insurance and finance industries, utilities and local benefit of registering equipment with CESAR powered authorities. The Construction Equipment Association by Datatag is that machines without a DVLA vehicle and the Agricultural Engineers Association both registration mark are recorded on the DVLA’s ‘Off actively promote the adoption of CESAR. Road Register’ giving full visibility to the police.

How is my machine protected? Who can fit CESAR? CESAR registered machines are fitted with a Only approved suppliers can fit CESAR. As well as sophisticated Datatag multi-layered security system manufacturers and their dealers, several local and that gives each machine its own unique ‘fingerprint’, national service organisations are approved to fit that is impossible for thieves to remove. CESAR powered by Datatag Please visit the dealer locator/ installer link shown on the website. Datatag security is made up of 4 elements, both visible to act as a deterrent and covert to aid identification and recovery. Firstly, a number of How does CESAR fit in with the tamper proof registration plates are securely fitted Thatcham ‘star rating’ scheme? to the machine’s chassis. Secondly, a number of CESAR powered by Datatag qualifies a machine for Datatag RFID transponders, each the size of a grain the first of five stars. CESAR is the most cost effective of rice, are hidden in the machinery each with its theft prevention system available. own unique programmed code. Thirdly, the machine has patches of chemical forensic liquid DatatagDNA painted on it. The liquid DNA also has microscopic Datatag Datadots® suspended in it which are barely visible to the eye.

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How much does CESAR cost? Alternatively and for ease there is also a secure 24/7 call centre (tel 08450 700 450) and database Manufacturers include the cost of CESAR in their open to machine owners and the police to provide products. In the ‘aftermarket’ CESAR typically costs assistance. £150 excluding VAT for an ‘on site’ installation.

For multiple installations at one site the typical What happens once I’ve reported a costs will reduce by 25%. There are no other costs CESAR registered machine as stolen? associated with CESAR powered by Datatag, once fitted a machine is protected for life. The CESAR secure database is linked to the police national computer, the serious organised crime If a machine is sold the new owner can be registered agency, Interpol and Europol. Machine thefts are against existing CESAR registered asset. The cost is notified around the world to the police and other only £13.19 excluding VAT. agencies in over 180 countries.

To benefit from the peace of mind and the Insurance This is one reason why CESAR recovery rates are 6 discounts available, you must be the current times higher than for unregistered equipment. registered keeper. How do the police determine Do insurance companies give insurance the true identity of a CESAR premium discounts? registered machine? Yes, CESAR powered by Datatag is approved by all If one or more of the triangular registration plates is the leading Insurers and discounts of up to 20% are intact the police can get all the relevant details, just available to the registered keeper. like for a car or van, from the PNC at any time of the day or night. If my machine is stolen how If the registration plates and manufacturers’ plates much would it cost me if it was have been removed the police can use a special recovered by CESAR? Datatag scanner to ‘read’ the Datatag RFID tags hidden in the machine. CESAR can give the police all The short answer is nothing! the details they need from the unique number from Unlike some ‘stolen vehicle registers’ CESAR does just one tag. not charge machine owners or insurance companies As a back-up the liquid Datatag DNA and Datatag for recovery. CESAR work closely with the police and Datadots® can also be used to categorically identify a notify them when a CESAR registered machine is specific machine. stolen, including international police organisations like Interpol and Europol. Can the CESAR ‘tags’ be used for If my CESAR registered machine is other purposes. stolen what should I do? Yes, because CESAR gives each machine a unique identity with the Datatag RFID or fingerprint, this You should immediately notify the local police and can be used for stock control, billing and service obtain a ‘crime reference number. scheduling.

However, you should also contact CESAR. Use the www.cesarscheme.org/Farmers CESAR ‘hot button’, which is on the website, to notify CESAR of the loss.

Once you have submitted the details CESAR will immediately flag the machine as being stolen on the Police National Computer (PNC).

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The Art of Identification

Unique Plant Identification Plate These tamper-proof plates carry a unique plant identification number ensuring that your Self Adhesive Tag equipment can be easily identified and concealed within a machine. The ID plate also has a unique This transponder is a flexible self adhesive tag Datatag transponder to confirm a machines that also contains a unique code number which true identity and the ID plates contain the CEA is permanently programmed into its integrated and Datatag worldwide registered name & circuit. The number cannot be altered or deleted trademarks and legal action will be taken against and will withstand any attack by electric shock & any illegal copying or unauthorized production of magnetic waves. these ID plates.

Glass Tag Datadots ® This transponder is about the size of a grain of A superior microdot identification system rice and is easily installed. It contains a unique developed for ease of use. The Datadots can be code number which is permanently programmed applied to any surface, thus making it virtually into its integrated circuit which cannot be altered impossible for the criminals to locate and or deleted. remove them all.

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Datatag “DNA” Scanner - is a unique Forensic “DNA” solution and the Hi-tech scanners are individually programmed latest advanced ID technology to be introduced to read the Datatag transponders, which by Datatag. Each piece of plant or machinery will mean’s that stolen property could be identified. be protected with an invisible unique “DNA” code Thousands of these scanners have already been and criminals will have to be confident they have distributed free of charge to all UK Police Forces removed every molecule. by Datatag.

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Tracker Devices

TRACKER Plant TRACKER Plant features: • GSM and GPS location providing Europe Designed especially for construction and agricultural wide coverage vehicles and equipment, TRACKER Plant combines stolen vehicle recovery technology with fleet • Patented VHF technology to track stolen vehicles management functionality. even when they are concealed in containers, lock- ups, barns and warehouses • Dual technology and signal jamming detection How does TRACKER Plant work? to overcome criminals trying to block the tracking device Notify • Nationwide support from all 52 UK police forces The motion sensor on TRACKER Plant transmits data • Web portal to monitor plant running hours and when your assets are moved from one site to another, manage service schedules even when the ignition is switched off – so you get a • Reports and data offering insight into all aspects more accurate view of where and how your plant is of your fleet being used. • Geofence breach alerts A breach in geofencing and curfew rules will notify • The TRACKER Mesh network for even faster and TRACKER of illegal movements or theft. more accurate tracking and location Activate The fleet management reports you can generate with TRACKER Plant can make a real difference to TRACKER will contact you to verify the theft and the your business. tracking unit will be activated. • Measure running hours to accurately charge for plant use, monitor driver activity and plan Track servicing. The police will use TRACKER receivers in their patrol • Highlight vehicles coming up to servicing time to vehicles and helicopters to locate your stolen vehicle. avoid deploying them to jobs that would take them over their service interval Secure • Track working times and hours to better understand customer needs Your vehicle will be identified and secured and a • You can identify under or over-use of plant uniformed security guard can wait with vehicle until to charge accurately and manage customer recovery if required. requirements • Verify delivery times and track plant during Recover transit to site Vehicles can be recovered from anywhere in Europe • Use geofencing to be alerted if plant is removed to a UK location of your choice up to 3 and a from a designated site half tonnes For further details visit: www.tracker.co.uk/products/tracker-plant/

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The National Plant and Equipment Register (TER)

TER operates the UK national database of owned • The provision of the equipment fleet data to plant and equipment. The company holds more TER also allows TER to check that none of the equipment ownership records than any other equipment is stolen, to assess the total value of organisation in Europe. The TER database is the fleet and, where agreed, to pass this data to managed and operated by TER staff who have more the Subscriber’s insurer. expertise and knowledge across the full range of plant and equipment than any other organisation How does TER Registration work? in Europe. Potential subscribers register with TER by entering What is TER Registration? their details on the Registration Agreement, and sending it to TER with the appropriate payment. The logging of equipment fleet and owner details on TER issues them with their Subscriber Number, the TER’s database. Subscriber downloads the data entry spreadsheet, enters their fleet data and emails the spreadsheet What data is required? to TER, remembering to keep their fleet data held by TER up to date as they buy and sell. Type, make, model, serial/chassis/VIN numbers, Registration number, engine number, owner/company • How much does TER Registration cost? name, address, tel/fax, 24 hr contact number. • Up to five items is free • Six to ten items is £50.00 plus VAT per annum Who should use TER Registration? • Over eleven items is £150.00 plus VAT per annum • Major equipment manufacturers, such as JCB, Caterpillar, Kubota, Liebherr, Manitou and Ifor Williams, register their new and used sales data How much owned equipment data does with TER as a service to their clients. TER have registered? • Companies register their fleets with TER. Approaching 1,000,000 owned items valued at • Finally, banks and finance companies register around £3.4BN. TER has more plant and equipment their interest in plant and equipment against data than any organisation in Europe. which they have loaned monies or where they retain title in equipment. Note: Ownership data is Contact us only disclosed to the police and law enforcement agencies and then only on a case by case basis where they request and require the data. The National Plant & Equipment Register (TER) Why use TER Registration? Office 2 H/I • So that equipment fleet data is available to the Wessex House police to check 24/7 to monitor the movement 40 Station Road of equipment on the national roads network and Westbury through ports. Wiltshire BA13 3JN • In addition, TER can make matches when the equipment is passing through auctions. Tel: 01225 464599 Fax: 01225 317698 • Companies registering their equipment can also access premium discount benefits offered by their Email: [email protected] insurers, who recognise that TER Registration is Twitter: @TER_Europe effective risk management. Some insurers will not Facebook: facebook.com/TER cover a ‘risk’ unless they are registered with TER. Theft Enquiry: [email protected] Website: www.ter-europe.org

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CCTV – Your Responsibilities

CCTV is governed by the Data Protection Act (1998) and regulated by the Information Commissioner’s Office.

Any business with CCTV installed must comply with the CCTV Code of Conduct published by the Information Commissioner’s Office (ICO).

Failure to do so carries a MAXIMUM PENALTY OF £5,000

Your CCTV system is your responsibility and must comply with the following criteria: • The ICO is annually notified that CCTV images are being recorded on your premises. • There is a named individual who is responsible for operation and maintenance of the equipment. • The system produces clear images which police can use to investigate crime. • The named individual can easily transfer images to USB/DVD/CD when requested by police. • Cameras are sited to provide best possible images for identification. • Regular checks of time/date, recording quality and storage efficiency are carried out by the named individual. • Visible signs are displayed showing that CCTV is in operation.

For registration and further information contact the Information Commissioner’s Office:i co.org.uk Telephone: 0303 123 1113

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Fertiliser Security Five Point Plan

Terrorist groups around the world have for many years of a theft. Storing your fertiliser in an enclosed misused fertilisers to make improvised explosive secure building or covering fertiliser with a tarpaulin devices (IEDs), the majority of which have contained in an open-sided barn may seem basic, but can be Ammonium Nitrate based products. Other fertilisers effective. such as Urea, Potassium and Sodium Nitrates have also been utilised. For practical, cost effective advice regarding the security of fertilisers visit: Individuals and groups continue to aspire to attack www.secureyourfertiliser.gov.uk the UK and many of them have resorted to the use of IEDs to achieve their aims. Over 90% of This website aims to raise awareness amongst the terrorist attacks in the UK have used Home Made agricultural and horticultural communities to provide Explosives (HMEs). practical guidance about securing your fertiliser with a range of security measures that can be tailored to Relatively small quantities of ammonium nitrate your individual farming needs. (less than 50 kg) have caused fatalities, injuries and substantial damage, so it can be seen that security is Recent global events have raised the UK Threat level crucial at all levels of storage. from International terrorism to ‘Severe – An attack is highly likely’. The UK currently manufactures or imports around 4 million tonnes of Ammonium Nitrate and Ammonium It is hoped that by following this advice we will prevent Nitrate based fertilisers annually. This means that the and restrict the availability of nitrate based fertilisers blending, storage, transportation and use of fertiliser for use by terrorist groups within the UK. We all have is common place creating opportunities for potential a role to play to help prevent terrorism, if you think terrorists to acquire such material. someone is acting suspiciously around your farm try to make a note of the descriptions of vehicles and Anyone who handles or stores fertiliser should persons involved and contact your local Police or the consider its’ security to prevent it from falling into Anti-Terrorist hotline 0800 789 321. If you Suspect it the wrong hands. Regardless of how much fertiliser – Report it. In an emergency always dial 999. you store it is important that you consider measures to prevent it from being acquired and misused by IS YOUR FERTILISER SECURE? potential terrorists.

The National Counter Terrorism Security Office (NaCTSO) together with the Home Office, Agricultural Industries Confederation (Fertiliser Industry Assurance Scheme), Assured Food Standards (Red Tractor), Defra, HSE and the NFU have produced a new ‘Fertiliser Security Five Point Plan’.

The ‘Fertiliser Security Five Point Plan’ highlights five key areas for farmers and growers to follow when using and storing Nitrogen based fertilisers and takes into account your requirements under the Control of Explosives Precursors Regulations 2014 to report any suspicious transactions, loss or thefts of Ammonium Nitrate, Potassium Nitrate, Sodium Nitrate, and Calcium Nitrates immediately to the Police.

The key objective is to prevent your fertiliser being stolen in the first instance. Whilst there is no such thing as absolute security, there are many simple measures that can significantly reduce the likelihood

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Secure Your Nitrogen Fertilisers

Keep your fertiliser secure and out of sight Fertilisers containing Urea, Ammonium Nitrate, and CAN have all been used by terrorists. Please keep these fertilisers securely on your farm.

Five Point Plan 1. Wherever possible use a Fertiliser Industry Assurance Scheme (FIAS) approved supplier. 2. Wherever possible keep in a secure area such as a building or sheeted away from public view. 3. Carry out regular stock checks and report any loss to the Police immediately (call 101). 4. Avoid leaving fertiliser in a field overnight – never leave fertiliser in the field for a long period of time. 5. Remember it is illegal to sell ammonium nitrate without the correct documentation.

Left to right: Tony Day – East Midlands Special Operations Unit, Simon Williams – Agricultural Industries Confederation (FIAS) Technical Manager, Peter Davies – Assistant Chief Constable, Lincolnshire Police, Minette Batters – Deputy President NFU, Jonathan Brant – NFU Council Delegate Lincs, Sarah Dawson – Assured Foods Standards (Red Tractor, Adrian Parker – Lincolnshire Police, Chris Godson – Lincolnshire NFU County Chairman, Jo Gilbertson – AIC Fertiliser Sector Lead.

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Fertiliser Security

Self-Help Checklist for the Storage and Handling of Ammonium Nitrate Fertiliser (DO NOT RETURN TO HSE OFFICE BUT RETAIN FOR YOUR OWN RECORDS)

This self-help checklist is aimed at those storing or handling significant quantities of Ammonium Nitrate Fertiliser – especially those subject to the 2002 amendment to the Notification of Installations Handling Hazardous Substances Regulations 1982; i.e. greater than 150 tonnes.

Company:......

Address:......

......

......

Contact Name:...... Date:......

Has the site Hazardous Substances Consent from the Local Authority for Ammonium Nitrate as required by the Planning (Hazardous Substances) Regulations 1992 as amended?: YES/NO

Maximum Quantity of Ammonium Nitrate based fertilisers likely to be stored during the year at any one time:

...... Tonnes

Question Yes No 1. Is the building or floor constructed from combustible materials? e.g. wood, tarmac 2. Is the floor in poor condition i.e. large cracks or holes? 3. Are there any open or uncovered drains or channels in the floor? [i.e. could molten AN run into an underground drain/pipe] 4. Is there evidence of ‘significant’ oil/diesel spillages on the floor? ‘Significant’ means there are a number of stained areas on the floor as opposedo t a few isolated stained areas. 5. Is the building used for the mixed storage of any of the incompatible substances listed below*? *urea/flammable liquids/chlorates/oil/grease/gas cylinders/acids/zinc or copper including their salts/nitrites/powdered metals/sulphur/alkalis/reducing agents/organic (carbonaceous) materials 6. Is the building used for the mixed storage of combustible materials (such as stacks of pallets, packaging materials, straw, hay etc.)? If so, how are they separated from the ammonium nitrate?

......

......

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7. Where the ammonium nitrate is stored in bags/big bags, are the housekeeping standards ‘poor’? ‘Poor’ means there are several bags of ammonium nitrate which are spilled/split or there are piles of loose ammonium nitrate in one or several areas in the warehouse. 8. For manufacturing, blending and bagging sites, is the ammonium nitrate stored as loose bulk? If so, are the prills/granules stuck together in lumps? [Note: they should be free flowing] Are there any signs of organic contamination? 9. For manufacturing, blending and bagging sites, does the company carry out any oil/organic coating of the ammonium nitrate prills/granules? 10. Are there any waste/off-spec material held in the store? Are there any signs of oil/organic contamination? 11. Are there any sources of ignition in the building? THIS INCLUDES: Not having a ‘no smoking policy’ or ‘hot work policy or permit’ (for welding etc.) / open or broken electrical fittings; including open or broken lights or electric junction boxes/ vehicles or equipment other than as required for handling the ammonium nitrate 12. Where the ammonium nitrate is stored outside, are there combustible materials stored in the vicinity (i.e. within 30 metres); such as stacks of pallets or packaging materials / storage of timber or wooden products / tyres or vehicles / gas cylinders 13. Where the ammonium nitrate is stored outside, are there storage tanks in the vicinity (i.e. within 50 metres) used for extremely flammable/highly flammable/flammable/organic or carbonaceous liquids? e.g. diesel/fuel oil/other substances 14. Are any bags of ammonium nitrate not labelled with an UN number or marked as 5.1 Oxidising Substance? Appropriate UN numbers are 1942, 2067, 2068, 2069, 2070, 2071, or 2072

If you answer YES to any of the questions 1 to 14 in this checklist, then you should contact HSE to seek advice on improving the storage conditions. If your site has Hazardous Substances Consent as required by the Planning (Hazardous Substances) Regulations 1992, contact should be made with the Explosives Inspectorate of HSE (tel: 0151 951 4025, fax: 0151 951 3891). Otherwise you should contact your local HSE Office.

Both the specialist security police officers and HSE inspectors visiting your premises are likely to have this checklist with them when they visit, so it would be useful for you to have pre-considered or pre-completed a checklist and to have it available for viewing on site.

Issued by HSE – December 2002

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The Dangerous Substances (Notification and Marking of Sites) Regulations 1990

A brief guide on an amendment to the Regulations 2013

What is the purpose of the Dangerous Within the Regulations and this guidance ‘relevant ammonium nitrate mixtures’ is defined Substances (Notification and Marking as ammonium nitrate and mixtures containing of Sites) Regulations 1990 (NAMOS)? ammonium nitrate, where the nitrogen content exceeds 15.75% of the mixture by weight. The principal aim of the NAMOS Regulations is to ensure that firefighters arriving at an incident are warned of the presence of dangerous substances. Notification – brief summary of changes from 6 April 2013 What are the current requirements in If you previously notified under the NAMOS the NAMOS Regulations? Regulations you will need to: The NAMOS Regulations are based on the Carriage of • continue to notify the enforcing authority and the Dangerous Goods and Use of Transportable Pressure FRS for the area in which your site is located if you Equipment Regulations 2009 (CDG). It is a legal store 25 tonnes or more of dangerous substances requirement under the NAMOS Regulations to notify (the Scottish FRS will come into effect on 1 April the fire and rescue service (FRS) and the enforcing 2013 and will be a new national service for authority for the Health and Safety at Work etc Act Scotland); and (eg the Health and Safety Executive/local authority) • notify the FRS for the area in which your site is about any site with a total quantity of 25 tonnes or located if the site holds 150 tonnes or more of more of dangerous substances. ‘relevant ammonium nitrate mixtures’ – NEW The CDG Regulations are based on a European REQUIREMENT. Agreement concerning the International Carriage of If you previously notified under the NIHHS Dangerous Goods by Road (known as ADR) which Regulations you will need to: contains a list of dangerous substances. • notify the enforcing authority and the FRS for the area in which your site is located if you store 25 2013 Change tonnes or more of dangerous substances – NEW REQUIREMENT; and Why are the Regulations • notify the FRS for the area in which your site being amended? is located if the site holds 150 tonnes or more of ‘relevant ammonium nitrate mixtures’ – On the 6 April 2013, the Notification of Installations AMENDED REQUIREMENT. Handling Hazardous Substances Regulations 1982 (NIHHS) and the Amendment Regulations 2002 will be revoked. This will reduce the duplication Marking of sites of different notification regimes for dangerous The amendment to the Regulations will not require substances. The requirement in the NIHHS the marking of sites for ‘relevant ammonium nitrate Regulations for a person in control of a site to notify mixtures’. This is because this type of mixture does when the site holds 150 tonnes or more of ‘relevant not require signage under the CDG Regulations 2009 ammonium nitrate mixtures’ will be transferred to on which the NAMOS Regulations are based. the NAMOS Regulations.

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The current requirement to mark sites at the access Exceptions points to warn of the presence or possible presence of dangerous substances at a total quantity of 25 There are certain circumstances where the tonnes or more remains unchanged. Regulations do not apply, eg dangerous substances which have been buried or deposited in the ground at the site as waste (whether in bulk, in drums or other What are the requirements for notifying containers), or radioactive substances. Schedule 1 of storage of dangerous substances? the Regulations contains the full list of circumstances where the Regulations do not apply. These have not changed, but will be new to those sites which previously notified under the NIHHS Regulations. Certain ammonium nitrate products are Marking of sites requirements included on the list of dangerous substances in ADR and will therefore fall within the 25 tonne threshold. Sites which store 25 tonnes or more of dangerous Such products will carry the hazard classification substances will continue to require marking with an symbol for a 5.1 oxidising substance. appropriate hazard warning sign. There will not be a requirement to mark sites for What are the requirements for notifying ‘relevant ammonium nitrate mixtures’. If a notification storage of ‘relevant ammonium nitrate includes dangerous substances (as defined in ADR) and relevant ammonium nitrate mixtures, sites will mixtures’? only require marking for the dangerous substances. Subject to certain exceptions (see below), regulation 4(4) will require the person in control of a site to How to make a notification for relevant notify the FRS for the area in which the site is ammonium nitrate mixtures located (not the enforcing authority) if the site holds a total quantity of 150 tonnes or more of ‘relevant Notifications for sites holding 25 tonnes or more ammonium nitrate mixtures’. of dangerous substances should be sent to both the enforcing authority and the FRS for the area in The person in control of the site will need to which the site is located. anticipate the quantities of ‘relevant ammonium nitrate mixtures’ which may be present at Notifications for 150 tonnes or more of ‘relevant any one time. ammonium nitrate mixtures’ should ONLY be sent to the FRS for the area in which the site is located. The new requirement in the amendment for ‘relevant ammonium nitrate mixtures’ will bring in materials Ammonium nitrate could fall within both the above which are not classed as 5.1 oxidising substances. categories. Appendix 1 provides a flowchart to assist If these materials are on site in addition to the in identifying who should be notified. ‘relevant ammonium nitrate mixtures’ they will need to be included in any calculations necessary Additional notifications will be required for changes to decide if notification is required. at the site which affect the previous notification or where there is resumption in the presence of However, the requirement for the marking of ‘relevant ammonium nitrate mixtures’ following sites will only be necessary for the dangerous previous changes. Any changes relating to these substances and not ‘relevant ammonium nitrate types of mixtures should also be notified to the FRS mixtures’. for the area in which the site is located.

Appendix 1 provides further information about how Details of what should be notified are listed in the notification requirements apply. Appendix 2.

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Appendix 1: Who do IAppendix notify? 1: Who do I notify?

Notification of ammonium Notificationnitrate storage of ammonium – who do Initrate notify? storage – who do I notify?

CHECK THE PRODUCT LABEL(S) (then complete both Steps 1 and 2 below)

STEP 1 STEP 2

Do you have any fertiliser Do you have and No (or other fertiliser where the No Go to Step 2 substances) with the total nitrogen Not notifiable following ‘oxidising’ content is greater hazard symbol? than 15.75%?

Yes Yes

Does the fertiliser No No Is the combined contain both Go to Step 2 total more than Not notifiable ammoniacal and 25 tonnes? nitric nitrogen?

Yes Yes

Notifiable to BOTH your local FRS and HSE Is the combined No total of the above You also need to Not notifiable more than mark your site with a 150 tonnes? warning sign

Yes

Notifiable to your local FRS ONLY

Example of typical fertiliser labelling NPK FERTILISER 34.5.5 Total Nitrogen (N) 34% Nitric Nitrogen (N) 17% Ammoniacal Nitrogen (N) 17%

The Dangerous Substances (Notification and Marking of Sites) Regulations 1990

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Appendix 2: What should I notify? For the presence of over 150 tonnes of ‘relevant ammonium nitrate mixtures’

Only notify the FRS for the area in which the site is located: • Name and address of the person making the notification. • Full address of the site. • Simple details of the business at, or planned for, the site. • The planned or estimated date such quantities will be present. • The total quantity of ‘relevant ammonium nitrate mixtures’ at or above 150 tonnes, which is present, or is likely to be present at the site.

Changes to be notified affecting the presence of ‘relevant ammonium nitrate mixtures’

The person in control of a site should notify the following changes: • a permanent ending of the presence of ‘relevant ammonium nitrate mixtures’. Examples would include: ○○ where a business is closing down and the site is to be vacated; or ○○ where a change in the business means the site will no longer hold these substances. This would not apply if the cessation was on a temporary basis, such as seasonal or other business fluctuations and the return of such substances to the site was foreseeable; • a permanent reduction to below 150 tonnes of ‘relevant ammonium nitrate mixtures’. This would not apply if the reduction was on a temporary basis.

Further information For further information, visit www.hse.gov.uk/

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Useful Legislation

from the results of lawful human activities such as Wildlife Offences building developments. The Animal Welfare Act 2006 is a watershed in Under the Act it is an offence to: animal welfare legislation relating to farmed and non- farmed animals. It updates legislation that exists and • Interfere with a badger sett intentionally or contains 69 sections and four schedules. You should recklessly by; familiarise yourself with the basic content of this Act. • Damaging a sett or any part thereof The Animal Welfare Act 2006 shall: • Destroying a sett • Reduce animal suffering by enabling preventive • Causing a dog to enter a sett action to be taken before suffering occurs • Wilfully kill, injure, take or attempt to • Impose the duty on those responsible for take a badger domestic and companion animals to do all that is reasonable to ensure the welfare of their animals • Possess a dead badger or any part of a badger • Extend the existing power to make secondary • Cruelly ill-treat a badger legislation to promote the welfare of farmed • Use badger tongs in the course of killing or animals to non-farmed animals, bringing attempting to take a badger legislation for non-farmed animals in line with that for farmed animals • Dig for a badger • Deter persistent offenders by • Sell or offer for sale or control any live badger strengthening penalties • Mark, tag or ring a badger • Simplify the legislation for enforcers and animal keepers by consolidating over 20 pieces of Poaching legislation into one It is first important to understand what is meant by • Extend to companion animals welfare codes the word ‘game’ agreed by Parliament (a mechanism currently used to provide guidance on welfare standards for The word “game” in this Act shall for all the purposes farmed animals) of this Act be deemed to include any one or more hares, pheasants, partridges, eggs of pheasants • Strengthen and amend current offences related to and partridges, woodcocks, snipes, rabbits, grouse, animal fighting black or moor game and eggs of grouse, black or • Increase the effectiveness of law enforcement for moor game. animal welfare offences The definition of game differs somewhat in section 13 • Increase from 12 to 16 the minimum age at which of the Night Poaching Act 1828 and section 2 of the a child may buy an animal, and prohibit the giving Game Act 1831. of pets as prizes to unaccompanied children under the age of 16 STOP AND SEARCH – POACHING • Ban mutilations of animals (with certain specified exemptions) Section 2 of the Poaching Prevention Act 1862, as amended by the Game Laws (Amendment) Act 1960, provides a police constable with the power to Badgers and the Law stop and search a suspected poacher for game or poaching equipment. In addition, a constable may The protection of Badgers Act 1992 protects badgers seize any game or article he finds and the section and their homes (setts) from intentional cruelty and creates an offence in relation to the taking of such game. It states:

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It shall be lawful for any constable or peace officer Ground Game Open Seasons – in any county, borough, or place in Great Britain and England and Wales Ireland, in any highway, street or public place - Brown Hare Jan 1 – Dec 31 to SEARCH any person whom he may have good cause to suspect of coming from any land where he Mountain Hare Jan 1 – Dec 31 shall have been unlawfully in search or pursuit of Rabbit Jan 1 – Dec 31 game, or any person aiding or abetting such person, and having in his possession any game unlawfully In England and Wales occupiers or authorised obtained, or any gun, part of gun; persons may only take and kill game on moorland or unenclosed land between 1 September and 31 AND also to STOP and SEARCH any cart or other March inclusive. Firearms may only be used for such conveyance in or upon which such constable or purposes between 11 December and 31 March peace officer shall have good cause to suspect that (Ground Game Act 1880 section 1 (3) and Ground any such game or any such article or thing is being Game (Amendment) Act 1906 section 2). carried by any such person,

AND should there be found any game or any such Deer Poaching article as aforesaid upon such a person, cart, or Under section 1 of the Deer Act 1991 it is an offence other conveyance, to seize and detain such game, without the permission of an authorised person: article or thing; • To enter any land in search of or pursuit of deer AND if such person has obtained such game by with the intention of taking, killing, or injuring or unlawfully going onto land in search or pursuit of game, or shall have been accessory thereto he • while on any land commits an offence. ○○ Take, kill, or injure any deer or attempt to do so, or Game Bird and Waterfowl Open ○○ Search for or pursue deer which such intent, or Seasons – England and Wales ○○ Remove any carcass of any deer

SPECIES DATES AUTHORISED PERSON Pheasant Oct 1 – Feb 1 An authorised person is the owner or occupier of Grey partridge Sept 1 – Feb 1 land, or someone authorised by him or a person Red-legged partridge Sept 1 – Feb 1 having right to take deer on that land. If an Red grouse Aug 12 – Dec 10 authorised person reasonably suspects someone Black grouse Aug 20 – Dec 10 is, or has been, committing poaching offences he Duck and goose Sept 1 – Jan 31 may require that person to give their full name and address and to leave the land immediately. Only Duck and goose high water mark* police officers have powers of arrest under PACE, as Sep 1 – Feb 20 amended by SOCPA, (Serious and Organised Crime Common snipe Aug 12 – Jan 31 and Police Act 2005) for these offences. Jack snipe Protected Woodcock Oct 1 – Jan 31 Deer Stalking Open Seasons Golden plover Sep 1 – Jan 31 Coot/moorhen Sep 1 – Jan 31 ENGLAND, WALES AND NORTHERN IRELAND

*High water mark – The area of sea shore which is Red stags: Aug 1 – April 30 more often than not covered by the flux and reflux Red hinds: Nov 1 – Feb 28/29 of the four ordinary tides occurring midway between springs and neaps. Fallow bucks: Aug 1 – April 30 Fallow does: Nov 1 – Feb 28/29

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Sika stags: Aug 1 – April 30 The Environment Agency is the governing body for Sika hinds: Nov 1 – March 31 regulating and enforcing fisheries in England. Any suspected illegal fishing activity should be reported Red/Sika Hybrids directly to them on their emergency telephone Stags: Aug 1 – April 30 number 0800 807 060. Hinds: Nov 1 – Feb 28/29 Report of Illegal Fishing ENGLAND AND WALES PRIVATE LAKE OPEN WATER (e.g. river/drain) Roe bucks: April 1 – Oct 31 Roe does: Nov 1 – Feb 28/29 An offence to Rod licence. Fishes for Chinese Water Deer: no statutory close season take, destroy or Public salmon, trout, attempt to do so water not freshwater fish Muntjac: no statutory close season any fish in water governed by – must have which is a private Angling Club. Environment Fish property or right Agency of fishery. rod licence. No offence PRIVATE PROPERTY With or It is an offence to take, destroy, or attempt to do so, Theft Act without rod any fish in water that is private property or in which 1968 S.1-7 licence but no there is a private right of fishery. This includes all Fish are owned permission forms of fish, whether game or course and is covered by the lake owner No licence from Angling by schedule 1 of the THEFT ACT 1968. Theft of fish and therefore Club to section 1 – 7, Theft Act 1968. This is where a lake is regarded fish there. privately owned, and may not require a rod and line property under Environment licence. The Fish are ‘owned’ by the lake owner and the Theft Act. Agency therefore regarded as property under the theft act. prosecute Fishing (Police to prosecute). without Police prosecute permission OPEN WATER – Sched 1 Theft Act, H/O Anyone aged 16 years or over who fishes for salmon, Code 116/11. trout, freshwater fish or eels in England must have an Environment Agency rod fishing licence. Children aged 12-16 years do not need to purchase a licence Police but must register their details with the Environment prosecute Agency. Fishing without permission: Schedule 1, Theft Act 1968, HOC 116/11. This is commonly referred to Call the Environment Agency on 0800 80 70 60 or in the angling community as ‘theft of the right to fish’ the Police on 101, for crime in progress call 999. and occurs where a person holds a valid rod licence but DOES NOT have permission from the owner of the Other Offences associated fishing rights. (Police to prosecute). with Poaching Salmon and Sea Trout licences allow you to fish for salmon, sea trout, non-migratory trout, char, coarse LIGHTS fish, eel and smelt; Use of any forms of artificial light to take game Trout, Coarse Fish and Eel licences allow you to birds is an offence under the Wildlife and fish for non-migratory trout, char, coarse fish, eel and Countryside Act 1981. smelt. You may not fish for salmon or sea trout.

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Driving a motor vehicle on land It is usually the police that deal with offences under this Act. Under section 34 of the Road Traffic Act 1988, it is an offence to drive, without lawful authority, a ANIMALS ACT 1971 mechanically propelled vehicle on: Section 4 of this Act deals with livestock that causes • Common land damage when it strays onto land owned or occupied • Moorland by someone else. Local authorities may use Section • Other land of any description not being 4 to deal with the problem of equines straying onto part of a road public land. • Public footpath* Lincolnshire Horse Watch is a successful initiative whereby owners can register via LincsAlert to receive • Bridleway up to date information regarding crime reduction and • Restricted byway preventative advice. Free tack marking sessions can also be requested. www.lincolnshirealert.co.uk • Except in emergencies

*It is not an offence to park within 15 yards of a road CONTROL OF HORSE ACT GUIDANCE (being a road on which a motor vehicle may lawfully be driven) for the purpose of parking the vehicle on The Control of Horses Act 2015 received Royal Assent that land. on 26 March. This act, which amends the Animals Act 1971, is Equines (Horses, Donkeys and Ponies) intended as a strong deterrent against so-called “fly- grazing” of horses and other equines by improving WHAT THE LAW SAYS the remedies available for the timely detention and disposal of horses unlawfully present on public and In relation to equines you should be aware of the private land. following legislation: It will become operative on 26 May 2015.

THE PROTECTION AGAINST CRUEL Under the Control of Horses Act 2015, local TETHERING ACT 1988 authorities may detain horses present on public land without lawful authority, and occupiers and Any person causing actual suffering to a tethered freeholders may do the same on private land, so long equine can be prosecuted under this Act. as the officer in charge of a police station is informed within 24 hours, as well as the owner of the horse – ABANDONMENT OF ANIMALS ACT 1960 if known.

This Act makes it an offence to abandon a domestic The owner of the horse is liable for any damage done or captive animal in circumstances likely to cause by the horse to land or property, and for expenses unnecessary suffering. In most cases, tethered reasonably incurred in detaining the horse. equines have not been abandoned, as the owner has every intention of returning to the animal. However, If the horse is not claimed within four working days, there are concerns about the infrequency with which ownership passes to the person detaining horse, and some animals are checked. they may dispose of it by selling it, arranging for it to be destroyed, or in any other way including through HIGHWAYS ACT 1980 (SECTION 155) gifting or rehoming.

Owners of equines must not let their animals stray Hitherto, horses detained under the Animals Act 1971 on to the highway; otherwise they will be guilty of could only be sold at market or by public auction. an offence. This provision does not apply to a part of a highway that passes over a common, waste or un-enclosed ground and nothing in the section affects any right of pasture on the side of a highway.

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Bird Eggs of Conservation (SAC) or a Site of Special Scientific Interest (SSSI). All wild birds, their eggs, nests and chicks, are protected by the Wildlife and Countryside Act 1981. The term “wild bird” effectively applies to all native The Hunting Act 2004 birds other than game birds. The Hunting Act was passed to make the hunting The level of protection depends whether a bird is rare of Wild Mammals with dogs in England and or endangered. Rarer species are afforded special Wales unlawful. protection. However, even the most common birds are still protected. HUNTING WITH DOGS

It is an offence to recklessly or intentionally disturb “A person commits an offence if he hunts a wild a rare species at or near its active nest or its mammal with a dog, unless his hunting is exempt.” dependant young. The act also makes it an offence In this Act “wild mammal” includes, in particular, “a to intentionally take an egg of a wild bird, to possess wild mammal which has been bred or tamed for any a wild bird’s egg taken after the implementation of purpose”, “a wild mammal which is in captivity or the 1982 Act, to intentionally and recklessly disturb confinement”, “a wild mammal which has escaped a rare species at or near a nest with eggs or young, or been released from captivity or confinement” and to attempt to commit an offence under the Act or to “any mammal which is living wild.” have items capable of being used to commit offences. The exemptions include: Offences against rare species are arrestable and we can apply for warrants to search premises where • Stalking out and Flushing from cover. we believe such birds are present. Anyone convicted • Use of a Dog below ground to protect a bird of offences against rare birds can face a custodial for shooting. sentence or a fine. • Hunting Rats, Rabbits or the retrieval of It is not an offence under the Act for a person to take shot Hares. a sick or injured bird in order to tend to it and ensure its release back to the wild as soon as possible. • Flushing from cover for use in Falconry Neither is it an offence to humanely kill a sick or • Recapture of an escaped wild mammal. injured bird that has no hope of recovery, or to kill or take a wild bird if it can be shown it was the incidental • Rescue of injured wild mammals, or research/ result of a lawful act, for example a road accident. observation.

However, it is an offence for any person to have in Offences under the Hunting Act should be referred their possession any live or dead bird or part thereof. to the Force or Divisional Wildlife Crime Officer in the first instance. Bats Hunting Act 2004 – Offences And The declining population of bats is protected by law Police Powers and anyone convicted of offences could be fined up to £5,000 or even imprisoned for up to six months. POWERS OF SEARCH AND SEIZURE WHAT IS SECTION 9? The Wildlife and Countryside Act 1981 protects all 17 species of bats and their roosts in England, Scotland Section 9 of the Hunting Act 2004 makes the and Wales. Some parts have been amended by the provisions for courts to issue forfeiture orders in Countryside and Rights of Way Act 2000 (CRoW) respect of dogs and other hunting articles. which applies only in England and Wales 9(1) A court which convicts a person of an offence Bats may also be protected by site safeguard under part 1 of this Act may order the forfeiture of measures, for example by virtue of their roost site any dog or hunting article which or feeding grounds being notified as a Special Area a) was used in the commission of the offence, or

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b) was in the possession of the person convicted at likely to be found on the suspect, the constable may the time of his arrest. stop the suspect and search him. If the constable reasonably believes that evidence of the offence 9(2) A court which convicts a person of an offence is likely to be found on or in a vehicle, animal or under part 1 of this Act may order the forfeiture of other thing of which the suspect appears to be in any vehicle which was used in the commission of possession or control, the constable may stop and the offence. search the vehicle, animal or other thing.

9(3) In subsection (1) HUNTING ARTICLE A constable may seize and detain a vehicle, animal means anything designed or adapted for use in or other thing if he reasonably believes that - connection with a) it may be used as evidence in criminal a) hunting a wild mammal, or proceedings for an offence under part 1 b) hare coursing. of this Act, or SO WHAT CAN I SEIZE? b) it may be made the subject of an order under The act states a constable can seize any vehicle, section 9 of this Act. animal or thing used in the event. So this could include maps/sat navs, dog leads, equipment used For the purposes of exercising a power under this for controlling dogs, money bet on the outcome of the section a constable may enter - event, cars and so on. c) land; d) premises other than a dwelling; Hare Coursing e) a vehicle. WHAT IS HARE COURSING? SECTION 59 A “hare coursing event” is a competition in which Where nuisance can be shown for persistent dogs are, by the use of live hares, assessed as to skill offenders, a section 59 can be issued after which in hunting hares. further instances might result in the vehicle being seized without the involvement of the courts. WHAT IS ITS LEGAL STATUS?

The Hunting Act 2004 makes it an offence to CRIMINAL DAMAGE Participate in a Hare Coursing Event, Attend a Hare Criminal damage may be done to buildings, fences, Coursing Event, Knowingly Facilitate a Hare Coursing hedges, crops. Event, Permit Land to be Used for the Purpose of a Hare Coursing Event, Enter a Dog in a Hare Coursing Other wildlife legislation includes: Event, Permit a Dog to be Entered in a Hare Coursing The Protection of Animals Act 1911 Event, Control/Handle a Dog in the Course of/For the Purpose of a Hare Coursing Event. The Conservation of Seals Act 1970 The Salmon and Freshwater fisheries Act 1975 WHAT IS THE PENALTY FOR THIS OFFENCE? The Dangerous Wild Animals act 1976 The Animals (Scientific Procedures) Act 1986 This is a summary only offence, carrying max 6 months imprisonment and/or a level 5 fine. OP GALILEO

WHAT POWERS DO WE HAVE? Operation Galileo is a Lincolnshire Police strategy aimed at tackling and reducing the incidents of Hare Where a constable reasonably suspects that a person Coursing across the County. The operation normally (“the suspect”) is committing or has committed an runs from September to March each year. Successful offence under part 1 of this Act and the constable prosecution has been achieved and therefore the reasonably believes that evidence of the offence is reduction of incidents within Lincolnshire.

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The overall aims of the operation: However, a dog owner would not be liable if their dog attacked a trespasser. The changes to the Act will • To reduce the overall number of reported give further protection to those who provide services incidents. within the community such as housing officers, postal • To positively police any incidents of Hare Coursing, workers, nurses and utility workers, as well as people responding in appropriate numbers to facilitate visiting an area. positive action. Additionally, the Act also introduces a specific offence • To disrupt the activity of persons entering the to protect assistance dogs, with a maximum sentence county intent on Hare Coursing. of 3 years imprisonment for a guilty dog owner. • To deal with any offences revealed in a robust and New preventative powers are being introduced for the consistent manner. police and local authorities, in order to allow them • To make use of available legislation to arrest to act early in an attempt to prevent dog attacks. offenders, seize vehicles, facilitate successful These preventative powers include sending owners prosecutions and deter offenders from visiting to dog training classes, repairing fencing to prevent Lincolnshire. dogs from escaping and requiring dogs to be muzzled in public. • To reduce the fear of crime and reassure the rural community through appropriate use of the media Further powers to help fight irresponsible dog owners that such reports of Hare Coursing are taken are to come into force from April 2016, where micro seriously by the force. chipping will become a legal requirement for all dogs • To develop intelligence regarding Hare Coursing in England. and other related criminal activity. DOGS - WORRYING OF LIVESTOCK ON • To embrace opportunities for partnership working. AGRICULTURAL LAND • To instil trust and confidence in Lincolnshire Police (Proceedings for this offence require the consent of by communicating operational results to key stake the chief constable or the DCC/ACC in his absence) holders and the wider rural communities. The Dogs (Protection of Livestock) Act 1953 is ALL suspicious activity should be reported intended to prevent dogs terrorising and chasing farm immediately through Tel: 101 or if hare coursing is animals. Sections 1 and 2 provides an offence for actually taking place on Tel: 999. the owner of a dog to allow it to worry livestock on agricultural land. It states: DANGEROUS DOGS ACT 1991 1(1) subject to the provisions of this section, if a dog From 13 May 2014, the Anti-Social Behaviour, worries livestock on any agricultural land, the owner Crime and Policing Act 2014 made changes to the of the dog, and, if it is in the charge of a person other Dangerous Dogs Act 1991 (‘the Act’) in order to deal than it’s owner, that person also, shall be guilty of an with people who allow their dogs to attack people or offence under this Act. assistance dogs. 1(2) For the purposes of this Act ”worrying The maximum prison sentences in England and Livestock” means- Wales for allowing a dog to attack someone have now been substantially increased. The maximum prison a) attacking livestock, OR sentences are now as follows: b) chasing livestock in such a way as may reasonably • Up to 14 years for a fatal dog attack; be expected to cause injury or suffering to the livestock or, in the case of females, abortion, or • Up to 5 years for injury; loss of or diminution in their produce, OR • Up to 3 years if an assistance dog is attacked. c) being at large (that is to say not on a lead or The changes to the Act also mean that dog owners otherwise under close control) in a field or can face prosecution if their dog attacks someone enclosure in which there are sheep. on private property, including their own home.

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Defences; You must report the shooting to the police within 48 hours. If you do not, none of these defences will be a) a dog owned by, or in the charge of, the occupier valid in civil proceedings. of the field or enclosure or the owner of the sheep or a person authorised by either of those persons OR Fly Tipping b) a police dog, a guide dog, a trained sheep dog, a OPEN LAND working gun dog or a pack of hounds. Refuse Disposal (Amenity) Act 1978 covers the act 1 (3) A person is not guilty of an offence under this of fly tipping as stated below: Act for an act done by a dog, if the livestock are trespassing and the dog is owned by, or in the charge (1) Any person who, without lawful authority – of, the occupier or a person authorised by him, except where the said person causes the dog to attack the c) abandons on any land in the open air, or on any livestock. other land forming part of a highway , a motor vehicle or anything which formed part of a motor 1 (4) A dog owner shall not be convicted of an offence vehicle and was removed from it in the course of under this Act for worrying livestock by the dog if the dismantling the vehicle on the land; or. owner proves that someone whom he reasonably believed fit and proper to be so, was in charge of the d) abandons on any such land anything other than a dog when it worried the livestock. motor vehicle, being a thing which he has brought to the land for the purpose of abandoning it there,

DOGS - POWER OF SEIZURE TO STOP shall be guilty of an offence and liable on summary LIVESTOCK WORRYING conviction to a fine of an amount not exceeding level 4 on the standard scale or in the case of a Where in the case of a dog found on any land: second or subsequent conviction to a fine of an a) a police officer has reasonable cause to believe amount not exceeding level 4 on the standard scale that the dog has been worrying livestock on or imprisonment for a term not exceeding three that land, and the land appears to him to be months or both. agricultural land, AND (2) For the purposes of subsection (1) above, a b) no person is present who admits to being the person who leaves anything on any land in such owner of the dog or in charge of it, then for the circumstances or for such a period that he may purpose of ascertaining who is the owner of the reasonably be assumed to have abandoned it dog the police officer may seize it and may detain or to have brought it to the land for the purpose it until the owner has claimed it and paid all the of abandoning it there shall be deemed to have expenses incurred by reason of its detention. abandoned it there or, as the case may be, to have brought it to the land for that purpose unless the NOTE: contrary is shown.

The Animals Act 1971 provides the landowner The local authority has the power to remove any such defence that you were protecting livestock if you can vehicle and any other thing abandoned under this act show that you reasonably believed that either: (subject to conditions) and may recover costs from the offender if the offenders identity is known. • the dog was worrying or about to worry the livestock and there were no other reasonable PRIVATE LAND means of ending or preventing worrying; On any privately owned land it is the responsibility • or the dog had been worrying livestock, had not of the land owner to dispose of any illegally dumped left the vicinity and was not under the control of waste. The owner can claim reimbursement of the any person, and there were no practical means of cost if the offender’s identity is known. finding out who owned it

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Land managers, occupiers or owners of private AGRICULTURAL VEHICLES property dealing with the effects of fly-tipping and fly- tippers, can bring a prosecution for fly-tipping under All vehicles used on the public highway must comply the Environment Protection Act 1990, although most with the full requirements of the Road Vehicles prosecutions are taken by local authorities and the (Construction and Use) Regulations 1986 (C&U), Environment Agency. as amended, unless their use is authorised by an Order made under Section 44 of the Road Traffic Act (Landowners may also want to consider using the 1988. The Road Vehicles (Authorisation of Special laws on trespass to use to tackle fly-tipping.) Types) (General) Order 2003 (STGO) is one such order made under Section 44 of the Road Traffic Act. Both Scrap Metal Licence Details C&U and the STGO require vehicles to be in such a condition that no hazard is presented to road users. A site licence holder must display a copy of the Amber Flashing Beacons licence in a prominent place, that is accessible to the public, at each site identified in the licence (section Any agricultural with a maximum design speed of 10 (1) (2)). A scrap metal dealer who holds a mobile 25mph can fit and use an amber beacon/light bar collector’s licence must display a copy of the licence when used on a road. on any vehicle that is being used in the course of the dealer’s business so as to be read easily by a If the vehicle travels on a dual carriageway with a person outside the vehicle (section 10 (3) (4)). It is an speedlimit of 50mph or greater, the beacon must be offence not to do this. fitted, used and clearly visible from all sides – the fitting of more than one beacon to facilitate this is WASTE CARRIERS DETAILS permitted.

From January 2014, a person must be registered as Width & Lateral Overhang, All Types of Vehicle a waste carrier if they transport waste as part of a Up to 2.55M business with the Environment Agency. • No restrictions A waste carrier, broker or dealer must be registered if they do any of the following as part of a business: 2.55 – 3.0M • Speed Limit 20mph • transport their own waste • transport or dispose of waste for someone else 3.0 – 3.5M • Notification to Police # • buy or sell waste • Speed Limit 20mph • act as a waste broker (arrange for someone to handle other people’s waste) 3.5 – 4.3M • Notification to Police # Safer Roads • Attendant required (Escort) • Extremities of vehicle to be clearly marked and lit DRIVING YOUR TRACTOR/TRAILER ON A HIGHWAY at night or in reduced visibility • Speed Limit 12mph Ensure that you comply with Rule 169 of the Highway Code by pulling over when a queue of traffic builds up Over 4.3m behand you. • Not normally permitted Highway Code Rule 169 # - Police notification required if the journey exceeds Do not hold up a long queue of traffic, espcially if you 5 miles or includes roads with speed limits of are driving a large or slow-moving vehicle. Check your 40mph or less mirrors frequently, and if necessary, pull in where it is safe and let traffic pass.

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Projections Highways Act 1980 Section 148 “If without lawful Forward and Rearward on Agricultural Vehicles authority or excuse a person deposits anything whatsoever on a highway to the interruption of any 1 – 2m user of the highway he is guilty of an offence”. • Projections must be visible What should farmers do? • Sharp Projections guarded • Lights at night or reduced visibility • Put signs out to alert other drivers of the potential for mud on the road 2 – 4m • Do everything possible to prevent mud being • Marker boards required deposited on the road. This includes cleaning mud • Lights at night or reduced visibility from vehicles, as far as practicable, before they are taken onto the road. The fact that cleaning 4 – 6m mud off tractors and attachments is commercially • Marker boards required inconvenient may not be a defence in law. • Notification to Police # • Keep to low speeds - especially when travelling a • Lights at night or reduced visibility short distance - to help retain mud on the vehicle Over 6m • Keep to farm roads and minor roads • Marker boards required where possible • VSE order required from DfT • Keep a written record of decisions on whether or • Notification to Police # not to deploy signs and/or to clean the road • Lights at night or reduced visibility • Be prepared to hire equipment - check availability in advance Further information in respect of dispensations and the notification of the movement of over width • Where a contractor is used, ensure that prior vehicles can be obtained from your own local agreement is reached on who is responsible for Abnormal Loads Officer. mud on road issues (signage, cleaning etc.) and ensure that adequate public liability insurance LINCOLNSHIRE is in place. Abnormal Loads Officer • Slippery road sign Lincolnshire Police Headquarters Only use signs that are authorised. The PO BOX 999 recommended sign shows the ‘Slippery Road’ Lincoln triangle with ‘Mud on Road’ sub plate. LN5 7PH If appropriate, the ‘Men at Work’ sign should be 01522 558125 Tel; used. Signs must be at least 750mm. Fax: 01522 558098 e-mail: [email protected] • Make sure signs are positioned to give maximum visibility and warning to other road users. MUD ON THE ROADS

CRIMINAL LAW

A range of powers is available to the police and highways department, primarily under the Highways Act 1980, the Road Traffic Act 1988.

Highways Act 1980 Section 137 “If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence”.

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Firearms and Shotgun Licensing The removal of any object from land without the landowner’s permission may amount to an offence The Force Firearms Licensing Department is based at of theft. It is also an offence to metal detect on a Police Headquarters and is responsible for managing Scheduled Monument without a licence or to fail to all aspects of the licensing of firearms and explosives report the discovery of potential items of Treasure. including the issue of certificates, gun clubs licences Travelling to the intended nighthawking site with and permits within the Lincolnshire Police boundary. metal detecting equipment may also be an offence of going equipped to steal. Ext. 8533 Station: 01522 558533 The historic objects and artefacts that are recovered Email: [email protected] are often kept in private collections or sold for personal profit. Because they are stolen property, the If you have reasonable cause to suspect any finders are unlikely to report their finds and valuable person of having a firearm or imitation firearm historical data is lost for good. with them in a public place, or to be committing or about to commit elsewhere that in a public place What damage can Nighthawking do? offences of: When its committed on farmland it can cause damage to crops and seedlings, gates are left open or damaged and livestock disturbed. When Trespassing with a firearm/imitation committed on archaeological sites, their activities can firearm in a building or land cause serious damage by removing vital historical OR evidence and damaging undisturbed layers. Once this archaeological data is gone – it is lost - forever. Nighthawkers have a complete disregard for the law, Having a firearm/imitation firearm with intent landowners’ wishes or any damage caused. Experts to endanger life. resist arrest or commit an warn that we are losing the priceless heritage of our indictable offence nation, simply to satisfy the greed of a minority group of criminals.

Call 101 and ask for police assistance Restrictions on the use of Metal Detectors on Scheduled Monuments

Unlawful Metal Detecting - Using a Metal Detector on a Scheduled Monument ‘Nighthawking’ Section 42(1) using a metal detector in a ‘protected place’ without the written consent. An offence under ‘Nighthawking’ is a term used in the United Kingdom this sub-section is summary only. On conviction a to describe unlawful metal detecting on farmland, person is liable to fine. archaeological sites and other areas of archaeological interest heritage, usually in order to steal coins and Incident and Crime Reporting and Recording other artefacts for their historical and financial value. Offences under this section should be recorded as Nighthawking refers to the fact that such illegal an ‘incident’ in line with the National Standard for activity is often undertaken at night to avoid detection Incident Recording (NSIR). and arrest. Although this is deceiving as it also occurs during the day. It should be noted that it is possible that offences of dishonesty maybe disclosed during such an It can occur anywhere in the country, but counties investigation, in particular: theft, attempted theft such as Kent, Yorkshire, Essex, Lincolnshire, and going equipped to steal. In these circumstances Norfolk, Cambridgeshire and Suffolk are particularly the crime should be recorded and investigated vulnerable due to the rich heritage and large amounts accordingly. of arable land that exist in these areas.

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Removal of Objects from a Scheduled Monument with the Home Office Counting Rules (HOCR) for using a Metal Detector Recorded Crime.

Section 42(3) removal of an object of archaeological A landowner cannot give another person permission or historical interest which is discovered by the use to metal detect on any area of land that is designated of a metal detector in a ‘protected place’ without as a scheduled monument. written consent. Are all Detectorists the same? An offence under this sub-section is triable either way. A person convicted of an offence is liable: Certainly not. a) On summary conviction to a fine not exceeding the Responsible metal detectorists will invariably statutory maximum; adhere to: or • The Code of Practice for Responsible Metal Detecting (www.finds.org.uk) and report b) On indictment to a fine. their finds to the landowner and the Portable Antiquities Scheme (PAS). Incident and Crime Recording Many previously unknown archaeological sites Offences under this section should be recorded as a have been identified through the PAS and it has crime in accordance with the Home Office Counting contributed greatly to our knowledge of the past. Rules (HOCR) for Recorded Crime as: Other Notifiable Nighthawkers seriously damage the good reputation Offence 99/99 of responsible metal detectorists. Responsible detectorists are often members of local clubs and It should be noted that it is possible that offences the National Council for Metal Detecting (NCMD) of dishonesty maybe disclosed during such an and assist police in combating the offences by investigation, in particular offences of theft, Nighthawkers and other rural crime. attempted theft and going equipped to steal. In these circumstances the crime will be recorded and What advice should be given to Landowners and investigated in Offences under this section should the Community about Nighthawkers? be recorded as a crime in accordance with the Home Office Counting Rules (HOCR) for Recorded Crime. Whether day or night, if Nighthawkers are discovered on land call the Police on 999, as there is a crime Removal of Objects from Private Land using a in progress. Do not approach them as this would Metal Detector scare them off or they may become aggressive towards you. Take registration numbers of vehicles Where a person enters private and unscheduled and descriptions of those involved and pass these to land as a trespasser and searches for objects and the Police. artefacts buried in the soil they have committed offences of dishonesty, in particular, theft, attempted What if a Landowner discovers evidence of theft and going equipped to steal. In these Nighthawking? circumstances the crime should be recorded as a crime in accordance with the Home Office Counting Evidence of recent Nighthawking is usually discovered Rules (HOCR) for Recorded Crime. during day light hours and is often in the form of holes dug in fields with no obvious explanation. Other Where a person enters private land with permission types of evidence that may be found are and searches for objects and artefacts buried in the soil they may commit offences of dishonesty, • Footwear marks in particular, theft, attempted theft and going • Vehicle tyre marks equipped to steal, if they step outside the terms of the permission. For example: failing to disclose • Cigarette butts finds to the landowner. In these circumstances the • Drinks bottles/cans crime should be recorded as a crime in accordance • Other discarded items

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Landowners and members of the community should The PMA makes it an offence to interfere with the be advised to call the police on 101 and notify them wreckage of any crashed, sunken or stranded military of the incident. If evidence is left behind advise them aircraft or designated vessel without a licence. All of that and ask how they would like you to preserve crashed military aircraft receive automatic protection, the evidence. but the Ministry of Defence (MOD) must individually designate vessels.

Listed Buildings Under this act, vessels may be designated either as a protected place or as a controlled site. Divers may A listed building, in the United Kingdom, is a building visit a protected place on a ‘look but don’t touch’ that has been placed on the Statutory List of basis, however they are prohibited from visiting Buildings of Special Architectural or Historic Interest. controlled sites. It is a widely used status, applied to around half a million buildings. The statutory body maintaining the list in England is English Heritage. Incident and Crime Reporting and Recording Offences should be reported and recorded with the Categories of Listed Buildings Ministry of Defence Police for investigation. Grade I buildings are of exceptional interest, sometimes considered to be internationally Criminal Justice and Public Order important; only 2.5% of listed buildings are Grade I Grade II* buildings are particularly important Act 1994 (CJPOA) buildings of more than special interest; 5.5% of listed buildings are Grade II* Grade II buildings are Any person on land or building nationally important and of special interest; 92% of all listed buildings are in this class and it is the most AND likely grade of listing for a home owner.

Listing does not freeze a building in time, it simply In relation to any lawful activity persons are means that listed building consent must be applied engaging in or are about to engage in on that or for in order to make any changes to that building adjoining land or building which might affect its special interest. Listed buildings can be altered, extended and sometimes even demolished within government planning guidance. The local authority uses listed building Does anything which is there intended by consent to make decisions that balance the site’s them to have the effect historic significance against other issues such as its function, condition or viability.

Damage or loss to a listed building by a third party Of intimidating maybe result in an offence of criminal damage those persons under the Criminal Damage Act 1971 or theft under or any of them Of Of the Theft Act 1968. Examples include – graffiti to deter any obstructing disrupting and the theft of historic metal and stone. In these of them from that activity that activity circumstances the crime should be reported and engaging in recorded in accordance with the Home Office that activity

The Protection of Military Remains Act 1986 A constable in uniform who reasonably suspects that a person is committing this offence may Lincolnshire has a rich military heritage and is the arrest him or her without warrant location for many historic military sites and buildings.

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Section 69 (1) (CJPOA)

If the senior Police Officer Present at the scene reasonably believes that a person is committing, has committed or intends to commit aggravated trespass on land or building

OR

That two or more persons are trespassing on land or building and are present there with the common purpose of intimidating persons so as to deter them from engaging in a lawful activity or of obstructing or disrupting a lawful activity

They may direct that person or persons (or any of them) to leave that land

A direction under this subsection may be communicated to the persons by any constable at the scene even if the police officer giving the direction does not communicate the direction

If a person knowing that a Having left enters the land direction under this subsection as a trespasser within three has been given which months beginning the day the applies to them direction was given

They commit an offence and a constable in uniform who reasonably suspects that a person is committing this offence may arrest them without warrant

Unauthorised Traveller Encampments

This applies to groups of people of whatever origin and non-discriminatory. All people have the basic trespassing on land to reside there for any period. rights and freedoms as established within Human There should be no assumption that such travellers Rights legislation and in particular the right of liberty are by definition offenders in some way. Police must and security, the right to respect for private and family act based on evidence and intelligence, not prejudice. life, freedom of thought, conscience and religion, freedom of expression, and freedom of assembly and When acting in response to such incidents police association. officers actions must be legal, relevant, proportionate,

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A Guide for Landowners, • Installing strong metal gates with toughened steel padlocks and anti lift hinges. Residents and Travellers • Placing tree trunks or very large logs across the entrance (s) Introduction • Placing earth mounds across entrance(s) Every year the Police receive a large number of • Building ditches or trenches across entrance(s) calls from members of the public to the effect that travellers are moving into a locality and are unlawfully • Placing a vehicle (s) across the entrance(s). occupying land. Such incidents inevitably raise • Frequently check the sites concerns within local communities and very often tension will exist between residents and travellers. The arrival of travellers to an area tends to raise fears Initial Action in landowners and residents of increased levels of crime or violence. These fears are often unfounded. When travellers are suspected of unlawfully settling on any land, contact should be made to the police We live in a democratic society and it must be by phoning 101. It may well be that the travellers remembered that the travelling communities have have done nothing illegal but the sooner the police as much right to live their chosen lifestyle as those are made aware of the situation, the sooner they are who choose to live in settled communities. Conflict able to assess and monitor the situation and prevent between landowners and travellers often arises over unnecessary conflict or confrontation. If you are a the ‘right or wrong’ of occupying someone else’s land. landowner or representative whose land has been It is how these issues are dealt with that is important. unlawfully entered and you are not willing to allow the trespassers to remain, you should: Explain who This is not a comprehensive explanation of the law you are and politely ask them to leave immediately (if but a simply guide designed to raise the awareness of possible in the presence of a witness); the public. Police Powers Prevention The police have only restricted powers to deal with The majority of travellers tend to move during Spring, people who breach civil law by trespassing. At all Summer and early Autumn. Anyone owning property times the police must act within the framework or land has a responsibility to take all reasonable of the law. steps to prevent any unlawful occupation. There is no power in law to evict trespassers from Protecting large areas of land can prove difficult private land solely on the basis that they have but there are a number of fairly simple, inexpensive committed a civil trespass. In certain circumstances, measures that should be considered. These are a direction to leave may be made and in the event preventative measures to be carried out before any of non-compliance arrests may follow. However, the person trespasses on the land. It is far better, and powers to remove trespassers are discretionary and ultimately cheaper, to deter a person from entering will not be used by the police unless considered land rather than having to subsequently evict them absolutely necessary. and restore the site. Trespass that does not threaten public order is a civil A thorough check should be made of any land or matter and the onus is on the occupier or landowner property owned. These checks should focus on to take initial action to remove the trespassers. The the security of the land and its accessibility to power may not necessarily apply to all the trespassers unauthorised persons and vehicles. present, only those identifiable as responsible for Below are listed some of the security measures you criminal acts. might feel it is appropriate to consider: • Installing low height metal barriers and firmly fixing them into concrete bases.

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Summary of the Law 4. They have between them at least one or more caravans and that a suitable pitch on a relevant The law relating to trespass in its application to caravan site is available. travellers is complex and far too detailed to be fully reproduced here. Only some of the key areas have Section 6 - Criminal Law Act 1977 been identified and summarised. This should not be considered to be a definitive legal guide and before This creates the criminal offence of using or any person takes legal action in relation to a civil threatening to use violence to secure entry to trespass, they are advised to seek the advice of a premises occupied by another. This offence may solicitor. be committed by the legitimate owner of premises towards a person (s) who is trespassing. An owner’s Section 61 - Criminal Justice and Public liability would increase if more force than is necessary is used to remove the occupiers. `Premises’ includes Order Act 1994 a site comprising of buildings together with land. allows police to order trespassers to leave land as Note: If trespassers do not leave when requested soon as is reasonable, taking their vehicles and other to do so then landowners should go through the property, in the following circumstances: normal channels of civil recovery (through the courts) 1. Trespassers appear to be intending to reside there and should not be tempted to take direct action for a period; and themselves thereby making themselves liable for a criminal offence. 2. They have been reasonably asked to leave by the occupier; and Section 3 - Criminal Law Act 1967 3. They have caused damage to the land/property on the land; or This allows a person to use as much force as is 4. Used threatening or abusive or insulting words/ reasonable in the circumstances to prevent a person behaviour towards occupier or occupiers family/ committing a crime. The key points here are firstly, agent/employee; or that the person must be trying to commit a criminal offence and secondly, the degree of force used in 5. They have six or more vehicles with them preventing them must be reasonable. on the land. Environmental Responsibilities Section 62A - Criminal Justice and regarding Disposal of Rubbish and Public Order Act 1994 Waste Materials Provides a very similar power to the police as Section Any person responsible for the unlawful disposal 61, above, but can only be used where there is an off any rubbish, trade or building waste or other alternative site available for the trespassers, within hazardous material may be subject to prosecution that Local Authority area. under Environmental legislation by the relevant The circumstances when the police may direct authority. that trespassers to leave the land as soon as is practicable, taking their vehicles and other property with them, are as follows: Possible Court Action 1. Trespassers appear to be intending to reside there If the incursion is on private land, the landowners for a period; and may, by application to the civil courts, seek an order evicting the trespasser(s). If such an order is issued 2. They have been reasonably asked to leave by the by a court, the landowner should serve a copy on occupier; and the Trespasser(s) as soon as practicable and where 3. There are two or more trespassers; and possible, ensure they conform by leaving the site. If it is anticipated that a breach of the peace might take place, the police may attend. The landowner

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should obtain advice from a solicitor prior to making • The District Council in respect of unauthorised application for a court order; in attempting service of camping on common land, land owned or the an order on trespasser(s); and before taking further responsibility of the District Council and in cases action in the event of the trespasser(s) remaining where there are ‘exceptional circumstances’ as on land defiance of such an order from the court. described above on private land. Action may be taken through the criminal courts if • The Police when the decision to enact powers offences, such as theft or criminal damage, have under Section 61-62E Criminal Justice and Public been committed-provided that the offenders are Order Act 1994 is taken. identified and there is sufficient evidence to prove the allegation. Persons who engage in unlawful acts such In cases where the lead authority is not easily as threats or intimidation against travellers will be indentified, for example where an encampment is liable to arrest and prosecution. on both public and private land, the lead authority will be determined by whose land the majority of the The lead authority will vary depending on the encampment is sited. location and circumstances of the unauthorised encampment. As a guide the lead authority will be: See below for Procedural Guidance. • The County Council in respect of unauthorised camping on the public highway and on land owned or the responsibility of the County Council.

Procedural Guide for Managing Unauthorised Encampments The lead authority will consider each encampment on an individual basis. Set out below is the procedural guide to be followed on notification of an unauthorised encampment.

Upon receipt of notification of an unauthorised encampment details should be sought regarding size of group, date of arrival, ownership of land and nature of complaint

The Council receiving notification should check ownership of the land and refer the call on if necessary

If land privately owned If land owned by the District or If land owned by Campers County Council

District Council to make contact District Council will advise owner of with the landowner to ascertain their the need for planning permission if intentions. Inform Police, Health and they are intending to remain on land Education Services as required Lead authority to visit group to for more than 28 days gather information and organise rubbish collection. Inform Police, District Council to advise landowner Health and Education Services. District Council to monitor of rights and responsibilities and ‘Needs Assessment’ offered if stay application and take action to evict to organise a case conference likely to be more than a few days where application unsuccessful. if encampment is problematic or Case conference called by District high profile Council when eviction date is known

Case conference meeting is called to decide whether to tolerate the encampment, to invoke Police powers or to take legal action to remove the trespassers. The Lead authority to invite representation from District and Parish Councils, Police, Education Service, Health Service, Gypsy and Traveller Representative as appropriate

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Rave Prevention

63(1) This section applies to a gathering on land Operation Mastif in the open air of 20 or more persons (whether or not trespassers) at which amplified music is played INFORMATION during the night (with or without intermissions) and is such as, by reason of its loudness and duration and During the spring and summer months Lincolnshire the time at which it is played, is likely to cause serious suffers from a number of organised illegal rave distress to the inhabitants of the locality; and for gatherings. These consist of a portable generated this purpose amplified sound system and attended by visitors from across the UK. (a) such a gathering continues during intermissions in the music and, where the gathering extends Whilst Raves are normally located in remote areas, over several days, throughout the period during they do have a negative impact on a sizeable rural which amplified music is played at night (with or community, they damage land and the environment without intermissions); and with waste products, litter, damage to crops and distress live stock in nearby locations. (b) music includes sounds wholly or predominantly characterised by the emission of a succession There is a general expectation by the community of repetitive beats. that Police will take swift effective action in closing 63(1A) This section also applies to a gathering if- down Raves. (a) it is a gathering on land (see note (iii) below for Raves are associated with illegal drugs use and also the extended meaning of ‘land’) of 20 or more high volumes of alcohol intake. persons who are trespassing on the land; and Illegal raves are an underground movement which (b) it would be a gathering of a kind mentioned are organised via social media sites and networking in subsection (1) if it took place on land in within the rave and social network community. They the open air. are attended by individuals who travel in their own vehicles rather than public transport. 63(2) If, as respects any land, a police officer of at least the rank of Superintendent reasonably believes that- POWERS (a) two or more persons are making preparations Powers under PACE stop search – section 27 and for the holding there of a gathering to which this Road Traffic Act to be proactively implemented. section applies,

When the site is located consideration to the use of (b) ten or more persons are waiting for such a section 27 notices to person arriving with alcohol gathering to begin there, or and direct to leave the area using Section 27 of the Violent crime reduction act 2006. (prior to sec 63 (c) ten or more persons are attending such a being authorised) gathering which is in progress, He may give a direction that those persons and any Section 63 CJPOA 1994 other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove Section 63 of the Criminal Justice and Public Order any vehicles or other property which they have with Act 1994 gives powers of entry and seizure to the them on the land. police when dealing with musical gatherings on 63(6) If a person knowing that a direction has been land in the open air and creates the offences in given which applies to him- connection with such events. (a) fails to leave the land as soon as reasonably practicable, or

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(b) having left again enters the land within the Prevention period of 7 days beginning with the day on which the dire action was given, Protecting large areas of land can prove difficult 63(7) In proceedings for an offence under subsection but there are a number of fairly simple, inexpensive (6) it is a defence for the accused to show that he measures that should be considered. These are had a reasonable excuse for failing to leave the land preventative measures to be carried out before any as soon as reasonably practicable or, as the case may person trespasses on the land. It is far better, and be, for again entering the land. ultimately cheaper, to deter a person from entering land rather than having to subsequently evict them 63(7A) A person commits an offence if- and restore the site. (a) he knows that a direction under subsection (2) A thorough check should be made of any land or has been given which applies to him, and property owned. These checks should focus on (b) he makes preparations for or attends a the security of the land and its accessibility to gathering to which this section applies within unauthorised persons and vehicles. the period of 24 hours starting when the Below are listed some of the security measures you direction was given. might feel it is appropriate to consider: (i) The police have powers to enter land and seize • Installing low height metal barriers and firmly equipment under section 64. fixing them into concrete bases. (iii) The term land (as opposed to land in the open air) • Installing strong metal gates with toughened steel is defined in the Interpretation Act 1978 as “including padlocks and anti lift hinges. buildings and other structures, land covered with • Placing tree trunks or very large logs across the water, and any estate, interest, easement, servitude entrance (s) or right in or over land”. This applies whenever the term is used in any legislation after the 1st January • Placing earth mounds across entrance(s) 1979 unless that legislation defines it in a different • Building ditches or trenches across entrance(s) way. The above definition applies here. • Placing a vehicle (s) across the entrance(s). • Frequently check the sites

54 LINCOLNSHIRE POLICE – Farmer’s Information Guide

What have we learnt?

I have researched a lot for this pack, but the advice from one of our local farmers has given me much thought of how Lincolnshire Police should progress from now onwards.

Report everything that happens, suspicious vehicles, persons making strange enquiries in regards to your business or visitors for no apparent reason. You don’t need to use Tel: 101 but email the details to your local team, they can collate what needs recording. If you don’t report it, we can’t allocate resources to deal with it. Yes, crimes are recorded and closed, but this recording of vital information sets the crime trends and makes us aware of what is going on locally.

If you are on your own land day in and day out it becomes familiar and knowing what a new pair of eyes can see really helps when weighing up security Gill Finn measures. Don’t get a false sense of security just Community Safety Officer, Police HQ because you haven’t yet been a victim of crime. By working in partnership we can make your position as best it can be when keeping the ‘opportunist criminal’ at bay.

Use our specialist Crime Reduction Officers, they are there to help you make informed decisions on what to spend your hard earned cash on, what you might think is important might actually be a waste of money. Fill out the checklists and if there are any gaps, make an appointment to ask their advice on what to buy.

A simple monitored alarm to a mobile phone made one farmer more reassured that when the criminals come calling, he will know about it instantly, simple but effective.

Stay safe and secure.

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Disclaimer Lincolnshire Police has taken all reasonable steps to ensure that the content held in this publication is legally and factually correct at the time of print.

Changes may have taken place since the printing of this publication and you should therefore seek clarification before acting on the advice held within.

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FOR NON-URGENT INCIDENTS, REPORT ONLINE www.lincs.police.uk/onlinereporting

Lincolnshire Fire and Police Headquarters PO Box 999 Lincoln LN5 7PH (Sat Nav: LN2 2LT) | www.lincs.police.uk Version 3, August 2018