Trespassing and UK Law

Bushcraft on Private Land
A separate article will provide more information on the Right to Roam and Wild Camping.

Trespass Law covers 3 areas, Goods, Land and Persons but for the purpose of this article we will cover Land Trespass Legislation.

For the most part in the United Kingdom, trespassing is a civil and not a criminal offence, it only becomes a criminal offence under the Criminal Justice and Public Order Act 1994[1](CJPOA) in certain circumstances including:
 * mass trespass
 * trespass by hunt saboteurs
 * trespass by squatters
 * nuisance caused by raves.

The Act also introduced powers to direct trespassers to leave land and amended existing legislation in relation to the use of violence to secure entry to premises.

Section 61 of the CJPOA enables a police officer to direct trespassers on land (who are there with the common purpose of residing there for ANY period) to leave the land where the occupier has taken steps to ask them to do so, and either: Failure to obey a direction to leave or returning to the land as a trespasser within 3 months is an offence. It is worth noting that you cannot immediately be arrested for trespassing alone it is the duty of the senior police officer to provide evidence in all cases justifying his or her giving of a direction.
 * they have damaged the land; or
 * they have used threatening, abusive or insulting behaviour to the occupier, the occupier's family, employees or agents; or
 * between them they have 6 or more vehicles on the land.

Most land in the UK belongs to somebody, be it private or managed by trusts such as the Forestry Commission or the National Trust and ignorance is no excuse, you could be charged with negligent trespass, accidental trespassing also incurs liability.

Trespassers will be prosecuted?
Apart from areas such as MOD or railway land these signs are not really worth worrying about. It is extremely unlikely that a judge would award any significant value to such a claim unless matters relating to damage, theft and/or trespass of goods were to be considered, you would however be liable for costs if a civil prosecution were to take place.

What About Scotland?
There is a common misconception in Scotland that people have the right to set up camp anywhere, this is in fact not the case and in some ways the laws of Scotland can be more challenging.

Prior to the Land Reform (Scotland) Act 2003[2]any person who camps and/or lights fires on private land was deemed guilty of an offence and liable to detention up until appearance in magistrates court with a fine being imposed under the Trespass (Scotland) Act 1865.[3]

The Land Reform Act amended the above to deem trespassing does not include land used wholly or mainly
 * as woodland or an orchard, or

but does include land used wholly for the cultivation of tree seedlings in beds,and “crops” means plants which are cultivated for agricultural or commercial purposes.
 * for the growing of trees;

Further, in Scotland, a land owner can claim that they are in fear of an intruder, and have them arrested for breach of the peace regardless of trespass exemptions so it is not as cut and dry as it seems. In England and Wales a magistrate only can force an individual to keep the peace, in Scotland it is an arrestable offence and used as a catch all in criminal proceedings.

Summary
It is always best to get prior permission from the land owner but if you are trespassing, follow the leave no trace policy, be respectful and apologetic to land owners and vacate the area if asked to do so!