Legal Breifing
Trespass
Trespass alone is a matter of civil law, which means that the police have no power to arrest you for it; police may nonetheless help landowners remove trespassers from land.
Trespass is entering – or putting property on – land that belongs to someone else, without their permission. If you have ‘implied permission’ to enter somewhere – for instance a shop open to members of the public – then you are not committing trespass until you have been asked to leave by the owner of the building or their representative. In a shop this is often a manager, but should not be a police officer.
Injunction
What does this mean?
A magical power that gives companies the power to make anything illegal. It is taken out by an individual or company or governing body and proceeded through a court order to do or not do something. This can either make an otherwise legal activity illegal or be imposed onto activities that are already illegal. It is usually taken out by landowners to remove or prevent “trespassers”. It can be against named persons or persons unknown. The consequences for breaking are the same.
In simple terms: a claimant (company or government body) asks the court for a special order to ban some specific activities in a specific place. The claimant can then choose whether to bring a court case against you if you breach this ban.
Interim injunctions are emergency injunction that needs less evidence and is done at short notice. This means they might be less thoroughly evidenced and less likely to hold up in court, but that is not a guarantee. They hold the same consequences if charged.
The injunction still applies to you even if you don’t know about it. The court orders the claimant to meet the service requirements, which means they have to let you know there is an injunction. This can be done through physical signage or simply sending an email or even commenting on social media posts.
It only needs to be proven in court that the claimant met the service requirements, not that you individually knew about it. A lack of knowledge of an injunction can be useful in your defence in court, but if it is clear a protestor is trying to not hear the injunction or makes false claims about not knowing about it, the court does not take this favourably.
What can it do?
Because of the Public Order Act (2023), injunctions can be taken out against activites seen to disrupt key infrastructure, access to essential goods and services or have serious affect on public safety. They can also be used to criminalise things are that aren’t usually illegal.
Potential consequences
Unlimited fine, up to a 2 year prison sentence, or both. You can also be charged for court costs.
The defendant is brought to civil court over contempt of court. This not a criminal matter. You will not receive a criminal record for breaching an injunction, but you can receive criminal sanctions (e.g. imprisonment). There is no right to jury for civil court proceedings.
A protestor can be found in breach of an injunction and an a criminal offence (combining charges) but the second court will take into account the prior sanctions.
Legal aid is granted with no means test.
Notes
More likely. Importantly can be taken out on land not owned by the claimant if the court has good reason to approve it, and is often pursued because it goes through courts quicker than tresspass cases.
S12 of the Public Order Act: Public Processions
What does this mean?
Gives power to impose conditions on processions believed necessary to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community. Can also impose conditions if believes the purpose of the persons organising it is the intimidation of others with the view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do. Can impose conditions to prevent the above (inc route of the procession or prohibiting it from entering any public place. Can be imposed in advance or during. Legally, a ‘public procession’ is any number of people (the law does not specify a minimum) moving along a route. This is what most people usually refer to as a protest march.
A ‘public assembly’ is when any number of people (can be just one) are gathered in a public place. Public places include:
- Highways
- Parks
- Shopping precincts
- Shops
- Offices
- Restaurants and pubs
- And any other place which the public have access or partial access to.
What can it do?
Gives police power to move you, using force if necessary, in order to comply with conditions. Examples of conditions set by police under these laws include:
- Restricting the location of the protest, which can include setting up a ‘protest pen’ and asking you to move into it.
- Restricting the duration of the protest.
- Restricting the numbers of people allowed at the protest.
- Restricting the route of a procession.
Potential consequences
Taking part in a procession or assembly: A fine of maximum £2500. First time offenders would be likely to receive a conditional discharge or fine, both with costs. Total ranging from £100 to £1000.
Organising a procession or assembly: Imprisonment for up to 6 months or a fine of up to £2500 or both. First time offenders would be likely to receive a fine or a Community Order.
Inciting others to take part in a procession or assembly and not comply with s12 or 14 conditions: Imprisonment for up to 6 months or a fine of up to £2500 or both. First time offenders would be likely to receive a fine or a Community Order.
Notes
Less likely – not a procession, but can be imposed ‘as they appear necessary to prevent serious disorder, disruption of the life of the community, or intimidation’. This is a fairly wide remit which would likely give the police powers to restrict protest on the basis that the life of the community is being disrupted. To reduce the likelihood of people being found guilty, it is crucial that you do not share, spread or pass on any information you hear or see about conditions that have been imposed. Don’t see it, Don’t Say it, Don’t hear it.
S14 of the Public Order Act: - Public Assemblies
What does this mean?
What can it do?
Potential consequences
Notes
Criminal Trespass Residing on land without consent in or with a vehicle
What does this mean?
The PCSC Act 2022 introduced this as a new offence.
This means that it will now be a criminal offence (rather than a civil matter) for a person aged 18 or over to reside on land without the consent of the owner if they have, or intend to have, a vehicle with them, and refuse to leave and remove their property when asked. They also need to be causing, or deemed likely to cause, significant damage (including excessive noise, smells, litter or other damage to the environment), disruption (including interference with a ‘supply of water, energy or fuel’) or distress (including using words or displaying any writing that is ‘threatening, abusive or insulting’).
What can it do?
If police believe this is happening, they may seize any ‘relevant’ property belonging to, or in the possession or control of the alleged defendant, including vehicles or any property on the land, which they may keep for up to 3 months or until the end of any criminal proceedings that result from the matter.
Potential consequences
You cannot return to the same land for 12 months after being asked to leave.
If convicted of this offence, you can be sentenced to up to 3 months custody and/or a fine of up to £2,500, and your seized property does not have to be returned.
Notes
Helpful advice: https://network23.org/ass/squatting-with-vehicles/
AggrAvated Trespass
What does this mean?
Aggravated trespass is a criminal offence, so you can be arrested for it.
You must be doing two things to commit aggravated trespass:
- Trespassing
- Intentionally obstructing, disrupting, or intimidating others from carrying out ‘lawful activities’.
What can it do?
Further to this, a senior police officer has the power to order any person believed to be involved in aggravated trespass to leave the land; if they refuse to leave after being ordered to by police officer, or if they return to the land in question within a period of three months, this is an additional offence.
Potential consequences
Maximum penalty is 3 months imprisonment, or a fine of £2500, or both. First time offenders would likely get a fine of between £200 – £300.
Public Nuisance
What does this mean?
Public nuisance generally means doing something which creates a risk of serious harm to the public or stops the public from being able to exercise their rights.
The public part is important, it can’t just affect an individual or a private group, and has to affect the public or a section of it. Examples of public nuisance could be disrupting a major boat race with a huge number of spectators, or stopping an airport from functioning by climbing on a plane.
It bears saying that ‘serious annoyance’ in the legal text is not intended to just mean some people feeling annoyed; there has to be substantial harm to the public.
Potential consequences
The PCSC Act reduced the maximum penalty to 10 years or an unlimited fine or both. While it was common law offence prior to the PCSC Act, now that it has been put into statute, the specifics of what people actually get for the new offence will depend on the, as yet unwritten, sentencing guidance and the ongoing struggle in the courts on the appropriateness of jailing peaceful protestors. It is an either-way offence, meaning it can be tried in the Magistrates’ or Crown Court.