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Trespass and Nuisance on Land

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This guidance outlines the prosecution context surrounding trespass-related offences, specifically under the Criminal Justice and Public Order Act 1994 and other relevant legislation. It emphasizes that trespass itself is not a criminal offence, but it becomes critical in various statutory offences. Prosecutors must adhere to the principles established in the Human Rights Act 1998 when considering charges related to trespass and nuisance on land.

Key points

  • Trespass is not a criminal offence itself but can lead to various offences.
  • Prosecutors should consider the mens rea and actus reus involved in trespass-related cases.
  • Guidance on the balancing of human rights in prosecution decisions is critical.
  • Specific statutory controls exist regarding trespassers participating in assemblies.
  • Care should be taken in determining appropriate penalties for trespass-related offences.

Public-interest factors

  • Significant damage caused or likely to be caused due to trespass
  • Public safety concerns associated with trespass activities
  • Impact on local community and property rights
  • Seriousness of the conduct leading to trespass
  • Previous similar offences committed by the individual
TrespassAggravated TrespassFailure to comply with police direction to leave landOrganising a trespassory assemblyTaking part in a prohibited assemblyInciting another knowingly to take part in a prohibited assemblyFailing to comply with a direction not to proceed to a raveFailing to comply with a direction to leave land: attending or preparing for a raveTrespassing during the currency of an interim possession orderObstructing local authority officer exercising a power to remove unauthorised campers
Read the full guidance on cps.gov.uk
Reviewed by the BlueLineHub Editorial Team
Last reviewed: 2 September 2024 · Next review due: 2 March 2025

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-19. BlueLineHub is independent and not affiliated with the CPS.