Trespassing law in the UK

Simon Edward • Nov 21, 2022

Is trespassing a criminal offence in the UK? Sometimes yes, sometimes no. Read on to find out when – and what to do if your property is trespassed on.

Trespassing law in the UK

Note: The majority of this article deals with the law in England, Wales and Northern Ireland. There's a brief section at the end about Scotland.


What is trespassing? The common-sense answer to this is provided by the signs we see around us – no trespassing on private property, for instance, or no trespassing on the railway line.


Trespass, however, is an umbrella term for any time "someone is on private property or travels across it without the property owner's permission" (
the Met). This could be anything from your neighbour parking their car on your drive to an unlicensed rave.


It includes:

  • Illegal gatherings or "encampments"
  • Squatting
  • Using private land as a shortcut
  • Fly-tipping on someone else's property


Animals
can trespass, too – for instance, if livestock strays onto your land.


Because the definition of trespass is broad, it can fall under either civil or criminal law. This depends on the nature of the trespass and whether other offences are involved.


What's the difference between civil and criminal law?


A criminal case seeks to find whether the defendant is guilty or not guilty. By contrast, a civil case is establishing a verdict of "liable or not liable" – and if they're liable, they won't be jailed but will have to compensate the other party.


Another key difference is that
civil cases are usually filed by private parties, whereas criminal cases tend to be filed by the government.


When is trespassing a criminal offence?


We're all familiar with the sign that reads "trespassers will be prosecuted". But not every type of trespass can lead to criminal prosecution.


A lot of the key legislation relating to trespass is included in the
Criminal Justice and Public Order Act 1994. This was brought in by John Major's government for a very specific purpose – to crack down on illegal raves and free festivals such as the Castlemorton Common Festival.


The bill also targeted squatters, DA (direct action) activists, hunt saboteurs and free parties and festivals.


Squatting in a residential building is illegal and can be punished with six months in prison, a £5,000 fine, or both. However, squatting in a non-residential building – one that's abandoned, for instance – isn't illegal. Police can take action only if the squatter commits another crime on the property.


One branch of trespass is "aggravated trespass". This is when a person or group of people disrupt or obstruct a legal activity. A famous example of this is "sabbing" or hunt sabotage – when animal rights activists such as the HSA (Hunt Saboteurs Association) use a range of tactics to misdirect hounds and generally interfere with fox hunts.


Trespassing in certain locations is a criminal offence. These locations include:

  • Railway property. Trespassers can be taken to court and face a £1,000 fine.
  • Protected sites. An example of this is the pagans who trespassed on Stonehenge and ended up in High Court.
  • Schools – but only if the trespasser is causing a nuisance.


Recently, the police have been given new powers to disperse "unauthorised encampments". Under former Home Secretary Priti Patel's
Police, Crime, Sentencing and Courts Act 2022, police are permitted to seize vehicles and arrest offenders. Those offenders can face a £2,500 fine, three months in prison, or both.


Can the police remove trespassers?


Yes – but only when the trespasser is committing a criminal offence. This could be one of the criminalised forms of trespass we mentioned above, or a non-criminalised form of trespass in which the individual commits a separate criminal offence – abusive and threatening behaviour, for instance, or damage to the property.


In practice, the police will only get involved when the landowner has tried and failed to peacefully remove trespassers from their property.


Civil trespass


Most other types of trespass are civil offences. These could include a person wandering onto your land from a public footpath, or parking or abandoning a vehicle there.


This isn't something the police can get involved in. So what remedies are available to you?


The best thing to do is to speak to the trespasser and explain that they're on your land. In most cases, this does the trick.


If they refuse, you can complain to your local council. And if all else fails you can take them to court – although sometimes the threat of court action is enough.


If you do go ahead with a civil suit, it's a good idea to seek legal advice. A suit will cost you, but having an expert at hand can help simplify the process as much as possible.


Can you trespass in a public place?


This might seem counterintuitive, but public spaces are subject to restrictions too. You don't need permission to enter a public park, for instance, but that doesn't mean you can stay there past closing time. Even if you entered legally, you can be asked to leave.


What about the "right to roam"?


Some privately owned land in England is known as "
access land" – this includes mountains, moors, heaths and downs. You're allowed to use this for walking, running, wildlife spotting and climbing. However, there are restrictions and some areas of access land remain private.


In Scotland,
the right to roam is more extensive – everyone has the right to access land for recreation. However, the legislation is open to interpretation and disputes can arise as to what does and does not constitute trespass.


Key points

  • In most cases of trespass, it's best to try to defuse the situation with words.
  • If this fails, you can contact the police or your local council, depending on the nature of the trespass.
  • If the problem is persistent and unresolved, legal action can be an option. Given its complexity and cost, it might be worth getting in touch with a lawyer who can talk you through your options.


If your business is having trouble with trespassers, we can help. Here at Milners, we aim to bring solutions, fast, so that you can focus on keeping your business running.

We're a small, tight-knit team of experienced solicitors in Yorkshire, with offices in Leeds, Harrogate and Pontefract. If you need expert guidance, contact us for a free no-obligation quote. We're here to help.

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