I thought they might be Malus "golden hornet" a crab apple but they seem a bit small so.......?

are they a buckthorn?

I agree with Neellan - M. 'Golden Hornet'.

They look more like Buckthorn to me too - but is that foliage associated, or from something else growing there? And how tall is the berried shrub?

Thankyou SBG Sid and Bamboo It's a tall old tree 10' or so the foliage is not associated that is an Acer next to it.
Are Golden Hornet fruit small?

It's a type of crabapple Neellan, about cherry sized i'd say.

Won't be buckthorn at that size - pick one of the larger ones, see if they've got a stone inside, or just a lot of pulp with tiny seeds or, if it is a crabapple, it will have an apple like arrangement of seeds inside - a cluster of pips in the centre. Some other info, like leaf shape and colour, blossom type, would be useful, but it could be crabapple (malus) - the only thing is, I can't see the pedicels (the stalks holding the fruits onto the branch) it looks as if the fruits are individually held on the branches. Cut a fruit open and see.

Thanks Sid and Bamboo the tree is not in my garden my daughter sent me the photo
You have been most helpful thankyou