Trespass

[Andy008]

I have always been under the impression that trespass is not an arrestable offence. Is this true, or if not, when is arrest applicable?

[kempie]

Trespass is a Civil Law Tort not a Criminal Law (unless it is deemed Aggravated Trespass) and as such whenever this law is breached it is the victim or 'claimant' who initiates any court action to seek damages, rather than the Crown Prosecution Service (CPS) to punish and rehabilitate.

[Buenchico]

Kempie's answer is basically correct but there are some exceptions, both longstanding and more recent. An example of the former is trespass on railway property. More recent exceptions include some cases of 'trespass with intent to reside' (an anti-squatting measure under the Public Order Act). These both fall within criminal law rather than civil law.

Chris

[Tim B]

If trespass is a civil matter and no damage is caused how can cars be clamped for parking on private ground unless a court order is sought first?

[Buenchico]

To answer Tim B's question. There are laws (and associated regulations) which regulate the clamping of vehicles on private land. The most recent law states that clampers have to be licensed but the long-standing legal principles are that there must be a clear and prominent notice, that the release fee must be 'reasonable' (obviously an arguable point!), that there must be a way to communicate swiftly with the clamper and that the clamp must be removed without undue delay upon payment of the fee.

With regard to why cars can be clamped at all, I need to point out a slight error in Eddie51's post. He says that "Trespass in its self is not even a civil offence unless some form of damage is caused". This is not strictly correct. The truth is that trespass is always a civil offence (irrespective of damage) but that no court would award anything other than nominal damages if no damage was caused. The issue is further complicated, however, by legislation which refers specifically to the unauthorised driving of a vehicle on private land. So, if you take your vehicle, without authorisation, onto someone else's land he has the right to seek compensation (and, because of that specific legislation, this can be more than 'nominal'). This does not necessarily mean that he has to get a court order. The civil law of England & Wales permits someone to detain the property of someone else who owes him money (e.g. compensation for parking an unauthorised vehicle on his land) until that money is paid. Therefore, subject to the foregoing provisions, the land owner has the right to clamp the vehicle. (This is the same principle which permits your local garage to keep hold of your vehicle until you've paid the bill for servicing it).

Chris

[kempie]

As Chris has written, clamping is nothing to do with trespass.

You may have committed a trespass to park your vehicle on private property but parking enforcement is covered by the Road Traffic Regulation Act 1984 and Road Traffic Act 1991 (as amended).

[Grunty]

In addition to those already mentioned, a number of criminal offences have trespass as an ingredient. For example burglary, trespassing on land in pursuit of game, trespassing with a firearm and several others.

While on the subject of trespass, in 2004, University of Texas Police officers issued a criminal trespass warning to a 56-year-old black man who was holding a Confederate flag and saluting Civil War-era statues.

[Grunty]

Before anyone mentions it, I copied and pasted the above and then noticed the word black. The man's colour is not relevant to me; I don't know whether it was to anyone else.

[Octavius]

Part V Criminal Justice and Public Order Act 1994 (CJPOA) conferred additional powers on the police and created new offences in connection with various forms of trespass, including

• mass trespass


• trespass by hunt saboteurs


• trespass by squatters


• nuisance caused by 'raves'.

The Act also introduced new 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 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

• they have damaged the land; or


• they have used threatening, abusive or insulting behaviour to the occupier, her or his family, employees or agents; or


• between them they have 6 or more vehicles on the land.

Failure to obey a direction to leave or returning to the land as a trespasser within 3 months is an offence. Section 62 provides a power for the police to seize vehicles of persons failing to comply with a direction under Section 61.

[Ray777]

Vandalized trespass is against the law, e.g., braking a fence when wanting to go over a field, etc. Aggravated trespass
is also against the law, e.g., someone constantly ringing a door bell, banging on a door or window to get you to open the door for a possible argument, but without a witness it can't be proven yet CCTV could be used if installed. - If a delivery person is going onto your land or driveway to peacefully deliver a parcel and your dog bites the person then that person can prosecute you and have the dog destroyed, usually a DNA sample taken from the dog's mouth to match a caused bite on the person. So, is the "latter" a peaceful trespass or not a trespass?.