CRIMINAL INJUSTICE ACT

Disruptive Trespassers.

Section 68.

(a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,

(b) of obstructing that activity, or

(c) of disrupting that activity.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

(4) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without warrant.

(5) In this section, "land" does no include -

(a) the highways and roads excluded from the application of section 61 paragraph (b) of the definition of "land" in subsection (9) of that section or

(b) a road within the meaning of the Road (Northern Ireland) Order 1993

Section 69.

(a) that a person is committing, has committed or intends to commit the offence of aggravated trespass on land in the open air; or

(b) that two person or more persons are trespassing on land in the open air and are present there with the common purpose of intimidating persons so as to deter them from engaging in a lawful activity or of obstructing or disrupting a lawful activity,

he may direct that person or (as the case may be) those persons (or any of them) to leave the land.

(2) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.

(3) If a person knowing that a direction under subsection (1) has been given that applies to him -

(a) fails to leave the land as soon as practicable, or

(b) having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given,

(4) in proceedings for an offence under subsection (2) it is a defence for the accused to show

(a) that he was not trespassing on the land, or

(b) that he had a reasonable excuse for failing to leave the land as soon as practicable or, as the case may be, for again entering the land as a trespasser.

(5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

(6) In this section "lawful activity" and "land" have the same meaning as in section 68.

Definitions for Section 68, part 5

"common land" means common land as defined in section 22 of the Commons Registration Act 1965;

"land" does not include-

(a) buildings other than-
(i) agricultural buildings within the meaning of, in England and Wales, paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988 or, in Scotland, section 7(2) of the Valuation and Rating (Scotland) Act 1956, or

(ii) scheduled monuments within the meaning of the Ancient Monuments and Archaelogical Areas Act 1979;

(b) land forming part of-

(i) a highway unless it fall within the classifications in section 54 of the Wildlife and Countryside Act 1981 (footpath, bridleway or byway open to all traffic or road used as a public path) or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984; or

(ii) a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2) (a) (ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967;

Summary

i. intimidate persons so as to deter them from engaging in lawful activity, or

ii. 'obstruct' a lawful activity, or

iii. 'disrupt' a lawful activity.

The lawful activity which the trespasser tries to obstruct of disrupt can be either on the same land as the trespasser or on adjoining land.

The offence has a maximum penalty of three months' imprisonment.

The police may order people who they believe are commiting, have committed or intend to commit agravated trespass to leave the land. Anyone disobeying such a direction or returning to the land within the given period commits an offence with a maximum penalty of three months' imprisonment.

Note: The CJA does not give the police any additional powers to demand your name and address or to seize your property. If your property is taken however, you must ask for a receipt.

Further reading

Criminal Justice in Transition by Bryan Gibson, Paul Cavadino, Andrew Rutherford, Andrew Ashworth and John Harding, 1994. ú15 plus ú1.50 P&P, from Waterside press.