trespass
n. A wrongful direct interference with another person or with his possession of land or goods. In the middle ages, any wrongful act was called a trespass, but only some trespasses, such as trespass by force and arms (vi et armis), were dealt with in the King’s Courts. The distinguishing feature of trespass in modern law is that it is a direct and immediate interference with person or property, such as striking a person, entering his land, or taking away his goods without his consent. Indirect or consequential injury, such as leaving an unlit hole into which someone falls, is not trespass. Trespass is actionable per se, i.e. the act of trespass is itself a tort and it is not necessary to prove that it has caused actual damage.

There are three kinds of trespass: to the person, to goods, and to land. Trespass to the person may be intentional or negligent, but since negligent physical injuries are remedied by an action for negligence, the action for trespass to the person is only brought for direct and intentional acts, in the form of actions for assault, battery, and false imprisonment. Trespass to goods includes touching, moving, or carrying them away. It may be intentional or negligent, but inevitable accident is a defence. Trespass to land usually takes the form of entering it without permission. It is no defence to show that the trespass was innocent (e.g. that the trespasser honestly believed that the land belonged to him). Trespass to land or goods is a wrong to possession rather than to ownership. Thus a tenant of rented property has the right to sue for trespass to that property. Trespass to land is a tort but not normally a crime: the notice “Trespassers will be prosecuted” is therefore usually misleading.

However, trespass may sometimes constitute a crime. Thus squatters may be guilty of a crime (see adverse occupation); it is a crime to trespass on diplomatic or consular premises or premises similarly protected by immunity; and it is a crime to enter and remain on any premises as a trespasser with a weapon of offence for which one has no authority or reasonable excuse, or to be on any premises, land, or water as a trespasser with a firearm for which one has no reasonable excuse. Under the Sexual Offences Act 2003 it is an offence to trespass with intent to commit a sexual offence. The Criminal Justice and Public Order Act 1994 created the offences of aggravated trespass and collective trespass. The summary offence of aggravated trespass occurs when a trespasser in the open air seeks to intimidate, obstruct, or disrupt a lawful activity, such as hunting; an offender can be arrested and failure to leave the land on the direction of a senior police officer is also an offence. Collective trespass occurs when two or more people are trespassing with the purpose of residing on land belonging to another person. The police have powers to direct collective trespassers to leave if they have caused damage, used threatening or abusive words towards the occupier, or brought six or more vehicles (which may be caravans) onto the land (see also unauthorized camping). Failure to leave or re-entry within three months is a summary offence for which a uniformed police officer has a power of arrest. Both collective and aggravated trespass are punishable by a fine and/or three months’ imprisonment. See also airspace; burglary; trespassory assembly.

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