The law on trespassing is a bit complicated. I have read lots of different articles on the subject and they pretty much lead to the same conclusion. It is not a criminal offence and you can not be arrested for trespass. However once you start to damage property and take things for the property that is no longer trespass and becomes a criminal offence. Also the law in Scotland is different to those of England and Wales. I found these two articles that basically tell of trespass and the law. These are only as guide and you should check out in more detail yourself.

 

Trespass is a civil offence committed when somebody enters property where he/she has no right to be and refuses to leave when requested to do so by the owner, or his/her representative. In law, if a trespasser refuses to leave the property when asked, the owner/representative is entitled to use ‘reasonable force’ to evict him/her

‘Reasonable Force’ in Law

No attempt should be made to remove a trespasser unless he/she has first been asked to leave and has been given to do so. If he/she then refuses to leave voluntarily, ‘reasonable force’ may be used. What would count as ‘reasonable force’ is dependent upon the circumstances and unique to the situation but essentially requires deploying the absolute minimum force necessary. Any violence over and above what is absolutely necessary could leave the individual liable to prosecution for assault

 

 

 

 

 

 

 

 

 

 

 

Trespass to land is a civil wrong and as such the police have no jurisdiction. Under common law, the landowner has a right to re-entry on the land, however the ejection of the trespasser is fraught with danger for the landowner. Initially, the landowner should ask the occupier to leave the land and if he/she does then all is well. The problems start however, if he/she refuses to leave the land.

The owner of the land could commit several criminal offences if he forcibly removes the trespasser and his/her property from the land. The best and safest course of action is to obtain a court order, which if breached may then turn into a criminal matter.

If the police do attend an incident such as this, they are merely there as observers for any possible criminal offences committed by either party. The police cannot assist in the removal of the trespassers or their property from the land in question.

 

 

 
 
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