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Dogging and the Voyeurism Act

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By *ANDS6969 OP   Couple  over a year ago

Mansfield

Hi all,

last night we were out dogging and the police moved our friends and us on through threatening to run us in under 'the voyeur act'.

We can't find anything on this act, apart from the 2003 Sexual Offences Act, which pretty much states you are in trouble under this if you are caught watching someone who doesn't want to be watched.

All we were doing was sitting chatting. Our feeling is that this was just a try on from this policeman, rather than having any basis in fact.

Does anyone else know anything about it?

PandS

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By (user no longer on site)  over a year ago

Yeah we have had loads of conversations about this with some friends on the web and face to face..

Basically the rules are laid out in these 2 main parts of legislation..

2003 Sex Act, Section 66 "Exposure".

2003 Sex Act, Section 67 "Voyeurism".

Have a look on the web for those 2 parts of the act..

But long and short be careful where you are and you should be OK

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By (user no longer on site)  over a year ago

I'm led to believe that if a member of the public doesn't complain and its done away from the public eye you cannot be cautioned.

The police can ask and note down your details as to why you are in the area but only as a reference in case they have to deal with an incident around the time you were there.

Don't quote me on that though but it sounds feasible.

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By *atisfy janeWoman  over a year ago

Torquay


"I'm led to believe that if a member of the public doesn't complain and its done away from the public eye you cannot be cautioned.

The police can ask and note down your details as to why you are in the area but only as a reference in case they have to deal with an incident around the time you were there.

Don't quote me on that though but it sounds feasible.

"

I can tell you the letter of the law on this one as we live close to a well known doggers venue and this came up in Newton Abbot magistrates court a couple of years ago....

The police officer concerned in the caution/arrest can be considered as the member of the public who has been offended by the (sexual) act.

Not so long ago the Police, aided by the Forestry Commission, blocked off a well known dogging carpark close to us, they then made everyone leave the carpark by the only entrance/exit and as they did so they were stopped, their details taken, their number plates photographed, and all registered owners of the vehicles received a cautionary letter detailing the police concerns.

A little embarrassing for company car/van owners concerned, and guys that were there alone but driving a car registered to their wife...

So you do not have to have caused outrage or offence to a member of the public as the attending police officer/s count as the public.

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By (user no longer on site)  over a year ago

Well if all you were doing is sitting chatting like you said, then he shouldn’t have been threatening you with any law.

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By (user no longer on site)  over a year ago


"I'm led to believe that if a member of the public doesn't complain and its done away from the public eye you cannot be cautioned.

The police can ask and note down your details as to why you are in the area but only as a reference in case they have to deal with an incident around the time you were there.

Don't quote me on that though but it sounds feasible.

I can tell you the letter of the law on this one as we live close to a well known doggers venue and this came up in Newton Abbot magistrates court a couple of years ago....

The police officer concerned in the caution/arrest can be considered as the member of the public who has been offended by the (sexual) act.

Not so long ago the Police, aided by the Forestry Commission, blocked off a well known dogging carpark close to us, they then made everyone leave the carpark by the only entrance/exit and as they did so they were stopped, their details taken, their number plates photographed, and all registered owners of the vehicles received a cautionary letter detailing the police concerns.

A little embarrassing for company car/van owners concerned, and guys that were there alone but driving a car registered to their wife...

So you do not have to have caused outrage or offence to a member of the public as the attending police officer/s count as the public."

That is what i'm led to believe, if no one complains police officer or not they can carry on regardless although away from the public eye.

Was this officer in question off duty. If he was offended and was there whilst the acts were happening i'm sure another officer would had took on the role of questioning the "victim" as he made the complaint.

I hope that makes sense

I would ask my police officer mate but i can't be letting him know i have been dogging before

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By *atisfy janeWoman  over a year ago

Torquay

Sorry but you may have misunderstood me....No, the Officer/s do not have to be off duty, they can appear in court and state that they found the act/incident offensive.

Offending public decency doesn't mean a member of the public needs to be happening along, a police officer on duty counts as a person who felt offended.

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By (user no longer on site)  over a year ago


"Sorry but you may have misunderstood me....No, the Officer/s do not have to be off duty, they can appear in court and state that they found the act/incident offensive.

Offending public decency doesn't mean a member of the public needs to be happening along, a police officer on duty counts as a person who felt offended."

This is true,we have been told about this by a couple who swing who are also police officers.

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By (user no longer on site)  over a year ago

????????????? should be banned in public n peeps pay a sum of cash if caught ,,,,best bet id say is keep sexually activities to your home n proffesional clubs,,n places that do nudeism.

simples.

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By (user no longer on site)  over a year ago


"????????????? should be banned in public n peeps pay a sum of cash if caught ,,,,best bet id say is keep sexually activities to your home n proffesional clubs,,n places that do nudeism.

simples."

No way ... That would spoil my fun

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By *atisfy janeWoman  over a year ago

Torquay

'Outraging public decency is an indictable offence. Any person who carries out an act of obscene nature in the public can be charged with this offence. There is no need for the intention to affect disgust or annoy the public or not by his or her actions. By ‘in the public’ it is meant that there is a possibility that more than one person sees these actions. If this behaviour takes place in the private, a person cannot be charged with this offence. Conviction on indictment or fine or imprisonment on summary conviction is a maximum of 6 months or a fine. A person can be found guilty of conspiracy to outraging public policy if that person makes an agreement with another person to engage in an obscene conduct'.

As stated in Law....

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By (user no longer on site)  over a year ago


"'Outraging public decency is an indictable offence. Any person who carries out an act of obscene nature in the public can be charged with this offence. There is no need for the intention to affect disgust or annoy the public or not by his or her actions. By ‘in the public’ it is meant that there is a possibility that more than one person sees these actions. If this behaviour takes place in the private, a person cannot be charged with this offence. Conviction on indictment or fine or imprisonment on summary conviction is a maximum of 6 months or a fine. A person can be found guilty of conspiracy to outraging public policy if that person makes an agreement with another person to engage in an obscene conduct'.

As stated in Law....

"

hERE HERE i agree with u there !! i agree.

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By *harpDressed ManMan  over a year ago

Here occasionally, but mostly somewhere else


"hERE HERE i agree with u there !! i agree."

You agree with everyone though...

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By (user no longer on site)  over a year ago


"hERE HERE i agree with u there !! i agree.

You agree with everyone though..."

Yes I agree with you that he agrees with everyone and so does my Mum...

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By *ANDS6969 OP   Couple  over a year ago

Mansfield

Our belief was that the policeman was just clearing the carpark and using this as an excuse. There was nothing going on at the time to outrage any one, not even readers of the Daily Mail .

We thought it was a try on, as under the 2003 Act, there was no offence being committed.

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By (user no longer on site)  over a year ago


"Our belief was that the policeman was just clearing the carpark and using this as an excuse. There was nothing going on at the time to outrage any one, not even readers of the Daily Mail .

We thought it was a try on, as under the 2003 Act, there was no offence being committed."

Is it the Daily Mail readers who get offended too easily?

Personally i prefer the Sun

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By *ichNjudyCouple  over a year ago

stoke on trent


"

Basically the rules are laid out in these 2 main parts of legislation..

2003 Sex Act, Section 66 "Exposure".

2003 Sex Act, Section 67 "Voyeurism".

"

67 Voyeurism

(1) A person commits an offence if—

(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and

(b) he knows that the other person does not consent to being observed for his sexual gratification.

Now according to section 67 (pasted above as is) no one could ever be convicted of voyeurism at a dogging meet as it is reasonable to assume the participants being viewed consent to that viewing? The other parts of section 67 refer to recording images, but the same point applies.

66 Exposure

(1) A person commits an offence if—

(a) he intentionally exposes his genitals, and

(b) he intends that someone will see them and be caused alarm or distress.

And apparently under section 66 only males could be prosecuted. So the Missus can show whatever bits she likes to the voyeurs of either sex without reproach?. Well that's certainly what it says in the letter of the law

So if you go dogging and you don't get your cock out all seems ok

we can't say from experience as we've never indulged in this activity oursleves

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By (user no longer on site)  over a year ago

The bottom line seems to depend on how prudish the attending officer is.

XXXX

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By *heWolfMan  over a year ago

warwickshire


"Our belief was that the policeman was just clearing the carpark and using this as an excuse. There was nothing going on at the time to outrage any one, not even readers of the Daily Mail .

We thought it was a try on, as under the 2003 Act, there was no offence being committed."

So write to your Chief Constable and ask him WTF is going on, why you and your friends, simply out enjoying the Summer evening, were moved on. I mean, it's not like you were conspiring to commit the offence above were you? Because you weren't, were you?

Oh nooooo, no sir-ee, you were um, meteor watching or something.

The reason they can get away with doing things like this is because no-one wants to stick their head above the parapet and make a fuss. This confirms that you were actually either committing an offence or conspiring to commit that offence, justifying the police action.

As with the example quoted above somewhere, sending letters back to a vehicle's registered owner works because most people are mortified. (Personally, I believe there may be data protection issues involved here, but I'm no solicitor and I'm sure Plod has covered his arse anyway.)

The point is, if people kicked off a stink because they were being branded as what boils down to be "sex offenders", they'd have to provide proof you were offending and nick you, or back off.

All it would take is someone with a bit of front, who doesn't actually give a shit that everyone KNOWS why you were there, but will still stand up and demand explanations as to why they were branded as a criminal, without any offence being observed, committed or even conspired. Unfortunately those kind of thick-skinned people are rare, most people will talk the talk, but not walk the walk, understandably perhaps.

Anyway, when you start writing letters, Mr Head Plod then has a paper trail to adhere to, a little procedural flow chart to follow. He has to write back, investigate with the officer, blah blah. He doesn't want to be doing that, he wants to be playing golf with the Home Secretary or fucking rent boys, whatever Chief Constables do when they aren't out at Gala dinners and COBRA meetings, like maybe catching burglars. (Ha, "burglars", yeah right!)

He will then "advise" his subordinates that maybe they go and do something that won't involve him having to deal with members of the public, perish the thought.

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By *atisfy janeWoman  over a year ago

Torquay

In the case of Haldon Forest the police were requested by the land owners (The Forestry Commission) to visit the carpark after dark to ensure that there was no incident/s of illegal overnight parking and or unsociable behaviour in the car parks.

When requested by a land owner the police have every right to move you on as they are working on that request.

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By *heWolfMan  over a year ago

warwickshire

Absolutely, and quite right too, that's what they are being paid to do. If someone is trespassing, or contravening the rules allowing them to access the land, then fair enough.

I do still have doubts about the strict legitimacy of sending letters to a registered keeper of a vehicle. All depends on the wording, I suppose, how the letter was phrased.

I mean, I'd be quite upset if I was there plotting a bank job with some mates and someone sent a letter to my wife implying it was a blow job I was after. That sort of thing could break up a marriage!

It's all down to resources and targets. To send a squad up to hand out a shaming to some middle-aged folk waving their willies about in a carpark is a lot easier than cracking down on smack-heads or Crossbow Cannibals.

Once the letters have been sent out, they can write another tick up on their KPI wallchart, and sit back in the glow of their own smug self-satisfaction. Once you start questioning their actions, stretching out the whole "operation", the box can't be ticked as "Successfully Concluded" so it isn't less of a success on paper, and next time there's a dip in their graphs, they go for something a little easier to keep their performance figures on target.

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By *heWolfMan  over a year ago

warwickshire

Should say "is less of a success on paper", not "isn't"!!!

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By *atisfy janeWoman  over a year ago

Torquay

To be fair to the landowners, the car parks were being badly abused after the hours of darkness. What started out with a few doggers turned into it becoming mass organised sex parties with camper vans attending en mass.

The downside to this was dozens of used condoms being strewn around carparks being used in the daytimes by families making use of them for what they were built into the forest for.

I suppose the Forestry Commision and the National Trust had a point, not much fun for a family sitting down on a picnic table covered in used condoms.

Thanks to the internet it got out of hand, like many dogging venues I should imagine.

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By *he BananamanMan  over a year ago

WORCESTERSHIRE

what have readers of the daily mail or the sun got to do with it?,no daily mirror readers about at all?.

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By *heWolfMan  over a year ago

warwickshire

They don't "read" as such, they just look at the pretty pictures.

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By (user no longer on site)  over a year ago


"

When requested by a land owner the police have every right to move you on as they are working on that request.

"

What a joke that is!!!

Why don't they move on the "travellers camp" that is on the other racecourse side of Haldon? Because they can't, won't don't know how too!!!

The law is an arse. The only reason they pick on doggers is because they are (apart from doggin) law abiding people who don't want to go to court cause it would be

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By (user no longer on site)  over a year ago


"what have readers of the daily mail or the sun got to do with it?,no daily mirror readers about at all?."

because they are always "outraged" at any form of what they consider deviance and are bugging annoyin prudish gits with nothin better to do but whinge about stuff that they dont understand! personally i read the herald or daily record at a push xx

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By *atisfy janeWoman  over a year ago

Torquay

The piece of land where the Exeter New Age travellers are squatting on is not the property of the Forestry Commission, it is presently the property of Devon County Council, but soon to be handed over to Teignbridge District Council.

Teignbridge intend to turn it into a legal site for travellers.

Whereas the dogging carparks up there are the property of the Forestry Commission who asked the police to move doggers on.

The carparks are soon to be fitted with 'Dusk to Dawn' gates anyway so it won't matter.

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By *onnoisseur100Man  over a year ago

Woking-ish


"The bottom line seems to depend on how prudish the attending officer is.

XXXX"

Seems to me that if an officer goes to a place to see exhibitionists/doggers in order to arrest/caution, then he is going willing to see these things and is guilty of exactly that he is accusing others of? isn't he?

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By *he BananamanMan  over a year ago

WORCESTERSHIRE


"They don't "read" as such, they just look at the pretty pictures."

ho ho ho!,very droll indeed!.

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By *oxanne27TV/TS  over a year ago

liverpool

Does anyone know if being 'voyeured' by others on this site and 'exposing yourself' on webcam is deemed as being illegal?

I'm sure it's not, or Fabswingers wouldn't let us do it!

But, to set my mind at ease.....!

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By (user no longer on site)  over a year ago


"Does anyone know if being 'voyeured' by others on this site and 'exposing yourself' on webcam is deemed as being illegal?

I'm sure it's not, or Fabswingers wouldn't let us do it!

But, to set my mind at ease.....!"

on here it is consentual on sights like omegle it is random people so can be ileagle to play on

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By (user no longer on site)  over a year ago

the law is easy stop fing doing it there is enough ways to get you jolly without wanking and fucking in cars

get a grip people

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By *eaboMan  over a year ago

marden

in all my conversations with the police, late at night in a carpark the biggest problems they have are

being in view of a main road or houses

the mess left behind afterwards.

most dogging sites are family venues during the daytime and no one wants to see this sort of rubbish left around when out with the kids.

on the errr very odd and rare occasion i go out to play we always play away from the carpark, a quick stroll into the woods or just somewhere obscured from any chance passerby and we always clean up after ourselves, and tell others to take their mess with them.

yes dogging is against the law but i think that is part of the attraction for many people, so the easiest way is to not put it in the coppers faces and they will stay out of yours. works for us. only once have i had to take a coppers number for being downright rude, but he was as nice as pie afterwards.

be discrete but have your fun.

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By (user no longer on site)  over a year ago

Christ how old is this post!!!!

Dont know why we did'nt post when this 1st came out

But the officer in question was a rather "obnoxious twat" from the off...

How do we know that?

It was our car they were sat in

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By *ANDS6969 OP   Couple  over a year ago

Mansfield

Too right and you aren't wrong about that copper. He was doing his best to be unpleasant.

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By *ittlemorespiceCouple  over a year ago

North Cornwall

My understanding is that police only have to suspect that a crime may be committed to stop, search, question, produce documents etc.

Mistress x

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By (user no longer on site)  over a year ago

I always go to places that are out the way... always walk from the place we park the car..

Also know a few local farmers that will let you use their land if you ask..

I am sure that there are better things to chase up..

I for one can not wait to go dogging.. and am often doing things outside that could be classed as borderline naughty.. but I have no intention of stopping..( not least I always get tasks involving outdoor fun)

katie. x

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By (user no longer on site)  over a year ago

This is funny knowing how many Poilce officers are on here LOL

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By *oxanne27TV/TS  over a year ago

liverpool

Thanx wantsumlove!

Everybody else has just gone on about dogging in carparks again! Doh!

Mwah! xxx

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By (user no longer on site)  over a year ago


"Thanx wantsumlove!

Everybody else has just gone on about dogging in carparks again! Doh!

Mwah! xxx"

errrr not sure why that comment was made to me , i never did the post !!

luv you too xxxx

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By (user no longer on site)  over a year ago

http://www.youtube.com/watch?v=MXzaVOk_Ydk&feature=related

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By (user no longer on site)  over a year ago


"To be fair to the landowners, the car parks were being badly abused after the hours of darkness. What started out with a few doggers turned into it becoming mass organised sex parties with camper vans attending en mass.

The downside to this was dozens of used condoms being strewn around carparks being used in the daytimes by families making use of them for what they were built into the forest for.This is the main problem if all diggers just took their used noddys home and didn't leave them everywhere Joe public wouldn't even know they were there the night before!!!! The police have suddenly got very visible around here again god knows why in still waiting for them to visit me after my van was stolen.. 3 years ago yeah thanks lads 6 grands worth of van n tools not 1 plod round to investigate but consenting adults in the middle of the night how dare they!!

I suppose the Forestry Commision and the National Trust had a point, not much fun for a family sitting down on a picnic table covered in used condoms.

Thanks to the internet it got out of hand, like many dogging venues I should imagine."

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By (user no longer on site)  over a year ago

Give it some heart! lol

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By *lexaWoman  over a year ago

southampton

There is no law against dogging in the uk as yet. The law states that homosexuality ( specifically) in public places is illegal, but for everyone else, there is nothing to say that dogging itself is actually illegal. This is about to change however. As it stands currently, if everyone is consenting at a dogging site, then no law is being broken. Anyone could however, if they so wished, make a complaint backed up with evidence that they were subjected to witness sexual practice (including just seeing someone naked in a public place,) in which case they would have a case for indecency which could then lead to prosecution. Has this ever happened before as a result of people going dogging? Not to my knowledge it hasn't.

The police, local authorities, forestry commissions etc are more concerning with the associated practices which seem to go hand in hand with dogging, ie littering the area, damage to property, prostitution, drug taking etc. The only thing that they can really do, as it's very hard to prove indecency in the law unless it comes from a member of the public who has reported it, is to make the area itself out of bounds by putting up fencing, locked gates, cctv etc.

Once the law changes, which is expected to happen soon as local authorities are pressurizing the government due in many cases to dogging sites becoming criminal hotspots ( because of drugs, prostitution etc,) then it will become an offence to have sex in public!

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By *riseeTV/TS  over a year ago

MacKay


" most dogging sites are family venues during the daytime and no one wants to see this sort of rubbish left around when out with the kids."

People leave their used condoms around? how stupid is that - haven't they heard of DNA?

DUMB!

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By (user no longer on site)  over a year ago


"Our belief was that the policeman was just clearing the carpark and using this as an excuse. There was nothing going on at the time to outrage any one, not even readers of the Daily Mail .

We thought it was a try on, as under the 2003 Act, there was no offence being committed.

So write to your Chief Constable and ask him WTF is going on, why you and your friends, simply out enjoying the Summer evening, were moved on. I mean, it's not like you were conspiring to commit the offence above were you? Because you weren't, were you?

Oh nooooo, no sir-ee, you were um, meteor watching or something.

The reason they can get away with doing things like this is because no-one wants to stick their head above the parapet and make a fuss. This confirms that you were actually either committing an offence or conspiring to commit that offence, justifying the police action.

As with the example quoted above somewhere, sending letters back to a vehicle's registered owner works because most people are mortified. (Personally, I believe there may be data protection issues involved here, but I'm no solicitor and I'm sure Plod has covered his arse anyway.)

The point is, if people kicked off a stink because they were being branded as what boils down to be "sex offenders", they'd have to provide proof you were offending and nick you, or back off.

All it would take is someone with a bit of front, who doesn't actually give a shit that everyone KNOWS why you were there, but will still stand up and demand explanations as to why they were branded as a criminal, without any offence being observed, committed or even conspired. Unfortunately those kind of thick-skinned people are rare, most people will talk the talk, but not walk the walk, understandably perhaps.

Anyway, when you start writing letters, Mr Head Plod then has a paper trail to adhere to, a little procedural flow chart to follow. He has to write back, investigate with the officer, blah blah. He doesn't want to be doing that, he wants to be playing golf with the Home Secretary or fucking rent boys, whatever Chief Constables do when they aren't out at Gala dinners and COBRA meetings, like maybe catching burglars. (Ha, "burglars", yeah right!)

He will then "advise" his subordinates that maybe they go and do something that won't involve him having to deal with members of the public, perish the thought. "

Well said, if this happened to me I would certainly question their right to keep my name and any photos on record and would kick up a right ol stink if they did.

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By (user no longer on site)  over a year ago


"The piece of land where the Exeter New Age travellers are squatting on is not the property of the Forestry Commission, it is presently the property of Devon County Council, but soon to be handed over to Teignbridge District Council.

Teignbridge intend to turn it into a legal site for travellers.

Whereas the dogging carparks up there are the property of the Forestry Commission who asked the police to move doggers on.

The carparks are soon to be fitted with 'Dusk to Dawn' gates anyway so it won't matter."

I dislike that dusk to dawn gating. I don't go dogging but there are some marvelous places to enjoy the sunset and sunrise views and this makes it impossible.

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