Aggravated Trespass (Section 68 Criminal Justice and Public Order Act 1994)

Aggravated Trespass is an offence under s.68 Criminal Justice and Public Order Act 1994. A person commits the offence if he trespasses on land and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land, does there anything which is intended by him to have the effect of intimidating those persons or any of them so as to deter them from engaging in that activity, of obstructing that activity, or of disrupting that activity (s.68(1)). Activity is "lawful" if the persons may engage in it on the land on that occasion without committing an offence or trespassing on the land (s.68(2)). "Land" does not include a highway unless it is a footpath, bridleway or byway open to all traffic, a restricted byway or a cycle track (s.68(5)). The offence turns on what the trespasser intends his act to have the effect of, not on whether the activity was in fact disrupted. Maximum sentence: on summary conviction, imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both (s.68(3)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. Officers have a power under s.69 CJPOA 1994 to direct persons to leave the land if they believe they are committing or intend to commit aggravated trespass. Failure to comply with a s.69 direction is a separate summary offence. When policing protests, officers must balance the right to protest (Articles 10 and 11 ECHR) against the rights of those engaged in lawful activity. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).