Section 161 Climbing on memorialsI1I2
England and Wales
A person who climbs on a specified memorial commits an offence.
It is a defence for a person charged with an offence under this section to prove that they—
had a good reason for climbing on the specified memorial,
were the owner or occupier of the specified memorial, or
had the consent of the owner or occupier of the specified memorial, or other lawful authority, to climb on it.
In this section “specified memorial” means—
a war memorial specified in Part 1 of Schedule 17,
a part of a war memorial specified in Part 2 of Schedule 17, or
a memorial or a part of a memorial specified in Part 3 of Schedule 17.
The Secretary of State may by regulations amend Schedule 17.
The Secretary of State may make regulations adding a memorial, or a part of a memorial, to Schedule 17 only if the Secretary of State considers that there is a significant public interest in it being a specified memorial for the purposes of this section.
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both).
In this section “memorial” means a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land) which has a commemorative purpose.
Something has a commemorative purpose if at least one of its purposes is to commemorate—
one or more individuals or animals, or a description of individuals or animals (whether living or dead and whether or not capable of being identified), or
an event or series of events (such as an armed conflict).
In subsection (7) references to a building or structure include part of a building or structure.
Annotations
Commencement
- I1
S. 161 not in force at Royal Assent, see s. 255(1)
- I2
S. 161 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(n)