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Transcript

Case Study: The JCB

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I have just received a phone call from Mr Miggins saying he had seen a JCB being driven over a field in the direction of a scheduled monument neighbouring his land. He told me that he recalled having a discussion with the landowner a couple of weeks ago and the landowner had said he was going to do some digging in the coming weeks.

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It’s raining outside and the monument in question is a 60-minute drive from my location. I check the electronic database and note that there is not scheduled monument consent in place. Although, SMC application had been submitted. I also note that a previous Inspector of Ancient Monuments has had conversations with the landowner informing him that works cannot be conducted on the land until scheduled monument consent has been approved. I print off a map of the scheduled monument.

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Question 1:

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I decided to take as much information from the caller, and even though the office was short staffed, I notified my colleague that I was going out on a site visit and I had my phone with me. I asked if they could call me in a couple of hours for a welfare check. I arrived on site, introduced myself to the landowner and a conversation naturally began.I suddenly remember that I haven’t cautioned the landowner!

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Question 2:

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He walked me to the area where the work was being conducted. He told me that he hired the JCB and he was digging footings for a new barn. I looked at the work that had been conducted and was in shock. The footings were very deep, there and then I suspected that an offence had occurred. I knew I was going to have to ask him further questions.

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Question 3:

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From what I had seen, I had enough suspicion to believe that he had committed an offence under the 1979 Ancient Monuments and Archaeological Areas Act. I cautioned him and informed him that he was not under arrest, and that he was entitled to find his own legal advice if he felt that he required it. I told him that I was happy to wait until this could be arranged.

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He told me that he would like some advice, so I gave him details of The Law Society. While he went into his home address, I made a note of the time that I cautioned him and offered him the opportunity for legal advice, which he accepted. He came back about 15 minutes later and told me that he was happy to continue. I made a note of this, and re-cautioned him, making a note of the time.

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Question 4:

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