Leducate Explains: Trespassing
Hint - key terms are defined. Just click on the blue words to see their definitions!
This article aims to explain the basics of trespassing: what are the duties, responsibilities and consequences of trespassing? Can we go camping in the wild? What responsibilities do we have in public spaces? And what are the criminal offences?
Introduction
As members of the public, we do not have an automatic and unconditional right to walk over agricultural and other private lands. It has surely happened to all of us to come across a “No Trespassing” sign when walking on the street, especially in front of a private entrance of a house or a government building. But what does that exactly mean? And what could be the consequences of neglecting that order? In this short article, we will learn more about trespassing and, in general, how to enjoy the environment and the nature around us while respecting some easy rules.
Definition of trespassing
If I am trespassing, I am simply entering somewhere I am not allowed to go. Even if the entry point or gate is not locked with padlocks, if I encounter ‘no trespassing’ signage, I should stop walking, as the sign indicates that this is not a public pathway. Rather, it means I am in front of private property, where, as opposed to the legitimate owner, I have no right to be.
In UK law, the word ‘trespass’ is a very broad term which encompasses a variety of unlawful behaviours, which may all have consequences. Trespassing can apply to private property, and to a person, or even to a good. For example, if someone physically attacks me by touching, pushing, or using any physical force on me (without consent or in an unlawful way), this is a form of trespass too. The same sort of behaviour can apply to an object when an individual damages or breaks someone else's item. But bear in mind that even just handling or moving a good without its owner's permission could be enough for its possessor to complain about.
Parks and public spaces: rights and duties
But let's return to the signage saying ‘No Trespassing’. Trespass to land will occur when someone deliberately enters somebody else's space, such as a garden or a car park, without permission. So even if I accidentally cross another property, this is already trespassing. And most of us have trespassed, knowingly or not, on some land.
For example, consider a public park that is ideal for a wide range of activities, such as walking, jogging and running, reading, etc. We all probably spent many summer evenings in a park appreciating nature with our friends. So how can we enjoy the space around us while respecting simple rules?
Like any other land in the UK, parks belong to somebody, and public access is permitted because the owner allows us.
Many of the most famous parks in London are owned by the Royal Family, who manage them through the Royal Family Charity. Parks usually close at dusk to maintain security and integrity for all. So if you wish to stay in after closing, you're staying at someone's place after they asked you to leave.
Consequences and responsibility
But let's have a look at the consequences of this breach of law. First, trespass is not a criminal offence, which means you will not be severely punished as if you committed a crime.
So how come we often see the signage saying 'trespassers will be prosecuted'? Landowners often expose this sign as a deterrent (to prevent people from doing something) without any other implications. In reality, there would not be legal action against you for this; the police cannot arrest you for it, but they can still legitimately ask you to leave. And, in some cases, they might issue you a warning which states that if you get caught doing the same in the future, they might take further action.
It is advisable to check the closing times beforehand. However, big parks like Hyde Park allow up to one hour to make your way out.
Police, Crime, Sentencing and Courts Act 2022 (PCSAC)
However, things could slightly change from 2023, after the introduction of the Police, Crime, Sentencing and Courts Act 2022 (PCSAC), which makes trespass, in some cases, a criminal offence punishable by imprisonment of up to four months and/or a fine of up to £2,500.
But this will happen only in a few cases and for people over the age of 18 who intend to live on land with a vehicle without the landowner's consent, causing significant damage to the land or property.
Camping in the UK
The most important question is: can I go wild camping? As a general rule, it is illegal to wild camp in England and Wales without the express permission of the landowner. In some English parks, you can find many designated areas where wild camping is permitted according to local rules. However, many landowners are happy to host wild campers, but only if they are respectful of the area they are camping. All you need to do is find the landowner's name and ask them permission.
But make sure to pay attention to 'no camping' signs first. You must respect the wishes of the landowner. So make sure to leave no waste and always take your rubbish home. It's also good to keep your space to a minimum to reduce the encumbrance of your surroundings.
Remember, camping restrictions, just like many other rules that apparently limit our freedom to move, are meant to protect you and the environment around you. It's our responsibility to make good use of it, keeping it safe and pleasant for others.
Hopefully by the end of this article you will have understood the basic definition of trespassing, what your rights and responsibilities are in relation to public parks and spaces, and what the consequences of trespassing might be. Happy camping!
Written by Roberto Liggi
Glossary box
Deterrent: a thing that discourages (or intends to discourage).
Trespass: The unlawful presence of someone or something on the land, property, or possession of another (the legal owner). The word trespass can extend to a person.
Unconditional: without restrictions or conditions; absolute.