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DO POLICE HAVE THE LEGAL RIGHT TO LINGER ON YOUR PROPERTY?
 

The following letter from Joe Smith was published in The Herald (Glasgow) on 17 April 2001.

It concerns the treatment of Dr Frances Fish, a rare sheep breeder in Roxburghshire. She kept rare sheep around her home and kept around 100 others in a field 6 miles away. The field six miles away fell within the "3 km" radius.

After being served with the culling notice, she was unable to reach her sheep 6 miles away because a police car was blocking her road end. She was told that if she attempted to reach those sheep, then she would be entering an "infected area" and if she returned home then the fields around her house, which keep her other sheep, would also be declared an infected area and the remaining sheep there would also be killed.

For more information on activism and its methods, see our activist section

Sir. As a former police officer, I was very intrigued by your report, Police tactics come under fire (April 14)

I was taught that a police officer, unless on legal business, does not have the right to remain on a person's property. Once he has finished this business, he is LEGALLY obliged to leave such property. Should he not do so at the owner's request, he may be ejected using, if necessary, the "minimum amount of force necessary." If he refuses to leave, any injuries caused in the course of this legal ejection may result in legal proceedings being taken against the police authority concerned.

Taking this into account, and ignoring the dubious legality of culling (a government euphemism for destroying -- in legal language committing criminal damage to an owner's property), Dr Francis Fish was in her rights to force her way past the two officers who were blockading her within her property -- and the police could not do a damn thing about it!

Further to this, I have read many accounts of how the police are being used against law-abiding people -- in effect; they are now becoming nothing more than a political police force. I hope that Chief Constables reflect upon this when their officers require the assistance of people.

J. W. Smith, Ayr


 
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