Trespassing Consequences in the UK: Civil & Criminal
Trespass in England & Wales: Not a Crime — Until It Is
Simple trespass is a civil wrong (tort), not a criminal offence. But it escalates quickly.
1. Civil Remedies (Most Common)
- Injunction: Court order barring entry; breach = contempt (fine/jail).
- Damages: Compensation for loss/damage (e.g., trampled crops, broken fence).
- Possession order: For squatters (residential: Criminal Law Act 1977 s.7; commercial: Civil Procedure Rules Part 55).
2. Criminal Offences (Aggravated Trespass & More)
| Offence | Act | Max Penalty |
|---|
| Aggravated trespass | CJPOA 1994 s.68 | 3 months / £2,500 / both |
| Trespass on railway | Railways Act 1993 s.55 | £1,000 |
| Trespass on protected site (MoD, nuclear, palace) | Serious Organised Crime & Police Act 2005 s.128 | 51 weeks / unlimited fine |
| Trespass with intent to disrupt (new) | Public Order Act 2023 s.14 | 6 months / unlimited fine |
| Squatting in residential building | LASPO 2012 s.144 | 6 months / £5,000 |
3. Police Powers
- CJPOA 1994 s.61–62: Senior officer can direct removal of trespassers with vehicles/structures on land (2+ people, damage, disruption). Non-compliance = arrest.
- Common law: Power to remove breach of peace.
Scotland & Northern Ireland
- Scotland: Trespass is a civil delict; aggravated trespass (CJPOA 1994) applies. "Right to roam" (Land Reform Act 2003) allows responsible access to most land.
- NI: Similar to E&W; specific laws for security sites.
Practical Advice
- Leave immediately if asked.
- Don't damage property.
- If arrested: "No comment" until solicitor.
- Landowners: Use civil injunctions for repeat offenders; call police for aggravated cases.
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