Aggravated trespass is a criminal offence in England and Wales under section 68 of the Criminal Justice and Public Order Act 1994. It is committed where a person trespasses on land and, in relation to lawful activity on that land or adjoining land, does an act intended to intimidate, obstruct or disrupt someone engaged in that lawful activity.
The offence is often discussed in protest cases, but it is not only a protest offence. It can apply to any situation where trespass is used as a platform for intentional interference with lawful activity.
Elements
The main elements are:
- The defendant trespassed on land.
- The defendant did an act while trespassing.
- The act related to lawful activity on that land or adjoining land.
- The defendant intended to intimidate, obstruct or disrupt people engaged in that lawful activity.
Trespass alone is not enough. The prosecution must identify an act beyond the mere fact of being on the land and must prove the required intention.
Lawful Activity
For section 68, lawful activity broadly means activity that can be carried out without committing an offence or trespassing. A shop trading, workers carrying out lawful work, a meeting taking place on private premises or lawful sporting activity may all qualify on the right facts.
If the activity being challenged is itself unlawful, the section 68 analysis becomes more difficult for the prosecution. The issue is fact-sensitive and depends on what activity is relied on and whether it was lawful.
Intention
The offence focuses on intention. The prosecution does not have to prove that the activity was actually stopped or that anyone was actually intimidated. It must prove that the act was done with the intention of intimidating, obstructing or disrupting the lawful activity.
Evidence may include words used at the scene, prior messages, planning material, conduct, location, equipment and the practical effect of the act.
Land and Buildings
For this offence, land can include buildings. That means aggravated trespass can arise inside premises, not only in fields or open land.
Examples include entering a shop, office, event venue, industrial site, farm building or other private premises and carrying out an act intended to obstruct lawful activity.
Police Directions
Section 69 of the Criminal Justice and Public Order Act 1994 gives police a power to direct people to leave land in aggravated trespass situations. Failing to leave as soon as reasonably practicable, or returning within the prohibited period, can be a separate offence.
A direction under section 69 depends on statutory conditions. It is not a general power to order any trespasser off any land. The officer must have the required belief about aggravated trespass, or about two or more trespassers with a common purpose of committing aggravated trespass.
Protest Context
Aggravated trespass is commonly relevant to demonstrations, direct action, hunt sabotage, occupations and workplace disruption. Protest rights do not create a free-standing right to trespass on private land and stop others carrying out lawful activity. Public authorities must still consider rights to freedom of expression and assembly where those rights are engaged.
A peaceful protest on public land may raise no aggravated trespass issue at all. A protest that enters private land and blocks lawful work may be different.
Practical Examples
Store Occupation
A group enters a shop without permission and uses force of numbers to prevent staff from serving customers. If the shop is trading lawfully and the group intends to obstruct that activity, aggravated trespass may be charged.
Workplace Gate Blockade
Protesters enter private land and sit across an internal access road to stop lorries leaving. The question is not only whether they trespassed, but whether they did an act intended to obstruct lawful activity.
Accidental Trespass
A walker strays onto private land and leaves when told. There may be civil trespass, but there is no aggravated trespass unless the additional act and intention are proved.
Dispute About Unlawful Activity
A person trespasses to interfere with activity they believe is unlawful. The belief alone does not decide the case. The court would need to consider whether the activity was lawful and whether the statutory elements are proved.
See Also
References
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