Criminality of Trespass

simonslife

What is the criminal consequence of trespass. From what I understand the Housing and Miscellaneous act introduced the criminality of trespass only when chattels had been left on a property. In other words, it was aimed squarely at the traveler community by McDowell. I am looking to find out what is a worst case scenario in terms of prosecution if someone simply walks across an owners land with no criminal damage? Especially if there is a "Trespassers Will Be Prosecuted" sign. I am not looking for legal advice regarding a specific case but merely trying to win an argument with a co worker who believes you can get locked up for it.

Any help from someone knowledgable would be most appreciated.

source

I've only ever seen trespass dealt with under Section 11 Criminal Justice (Public Order) Act 1994, which states the penalty is up to £1000 and/or up to 6 months imprisonment.

11.—(1) It shall be an offence for a person—


(a) to enter any building or the curtilage of any building or any part of such building or curtilage as a trespasser, or


(b) to be within the vicinity of any such building or curtilage or part of such building or curtilage for the purpose of trespassing thereon,


in circumstances giving rise to the reasonable inference that such entry or presence was with intent to commit an offence or with intent to unlawfully interfere with any property situate therein.


(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

jaybeeveedub

my understanding of it is that unless there is intent to commit, or the commission of, an arrestable offence trespass cannot be criminal trespass, only tortious....

seamus

foinse wrote: »

I've only ever seen trespass dealt with under Section 11 Criminal Justice (Public Order) Act 1994, which states the penalty is up to £1000 and/or up to 6 months imprisonment.

Maybe you mean Section 13? S. 11 really only deals with intent to commit an additional offence (like burglarly or vandalism).

13.—(1) It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.

(2) (a) Where a member of the Garda Síochána finds a person in a place to which subsection (1) relates and suspects, with reasonable cause, that such person is or has been acting in a manner contrary to the provisions of that subsection, then the member may direct the person so suspected to do either or both of the following, that is to say:

(i) desist from acting in such a manner, and

(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.

(b) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(3) (a) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(b) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both.

The key in the above obviously being "likely to cause fear in another person".

Walking across a farmer's lands wouldn't fall under this, but skulking around the back of his house would.

I do think there is more legislation on this though, because I recall seeing it.

Though I find it odd that the penalty for trespass is worse than the penalty for failing to heed the Garda direction. I would have thought that the initial trespass was a misdemeanour, but failing to heed a Garda (or the landowner's) request to leave would be a more serious offence.

source

seamus wrote: »

Maybe you mean Section 13? S. 11 really only deals with intent to commit an additional offence (like burglarly or vandalism).

The key in the above obviously being "likely to cause fear in another person".

Walking across a farmer's lands wouldn't fall under this, but skulking around the back of his house would.

I do think there is more legislation on this though, because I recall seeing it.

Though I find it odd that the penalty for trespass is worse than the penalty for failing to heed the Garda direction. I would have thought that the initial trespass was a misdemeanour, but failing to heed a Garda (or the landowner's) request to leave would be a more serious offence.

I've only ever used/ seen section 11 used, maybe because they we're all up to something else.