Trespass and Nuisance on Land

updated 18/10/2019|Legal Guidance

Introduction

Trespass is not of itself a criminal offence.  However there are some offences in which trespass is an essential element and this guidance sets out the most commonly encountered examples of such offences. Prosecutors should also have regard as appropriate to the CPS legal guidance on public order offences and public protests.

The CPS must not act in a way which is incompatible with a Convention right: section 6 Human Rights Act 1998. The Convention rights protected are set out in Schedule 1. They may include the right to a private and family life, freedom of expression and/or freedom of assembly: Articles 8, 10 and 11 respectively. Where those rights are engaged, and the proviso in Article 17 (no protection of rights when used to destroy or limit others' rights), any restriction on the rights (by prosecution) must be (i) prescribed by law, (ii) necessary (in the terms provided for by Articles 8.2, 10.2 and 11.2 respectively) and (iii) proportionate.

The Criminal Justice and Public Order Act 1994: Table of Offences involving Trespass

Download: The Criminal Justice and Public Order Act 1994: Table of Offences involving Trespass

Table of other statutory offences involving Trespass

Download: Table of other statutory offences involving Trespass