Trespass (Scotland) Act 1865

Trespass (Scotland) Act 1865[1]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to provide for the better Prevention of Trespass in Scotland.
Citation	28 & 29 Vict. c. 56
Territorial extent	Scotland
Dates
Royal assent	29 June 1865

The Trespass (Scotland) Act 1865 (28 & 29 Vict. c. 56) is an act of Parliament in the United Kingdom.

The act creates a criminal offence of trespass in Scotland in certain circumstances and applies a penalty which has been amended by the Criminal Justice Act 1982 to that of a fine not exceeding Level 1 on the standard scale for violation.[2]

As of 2011^[update], this was £200.[3]

The act applies to a wide variety of private property, although only to lodging, squatting and encampment on such property.[4] Between 2005 and 2010, there were 26 convictions.[3]

Developments

Subsequent legislation, such as the Land Reform (Scotland) Act 2003, has created more general rights of access and encampment on private land in certain circumstances, with specific exclusions.[5]

Footnotes

1. The citation of this act by this short title is authorised by section 1 of this act.
2. Criminal Justice Act 1982 (c. 45), Sch. 15 para. 1; quoted on the Statute Law Database
3. Reeve, Kesia (2011). Squatting: A homelessness issue. London: Crisis. ISBN 978-1-899257-70-6.
4. s.3
5. Land Reform (Scotland) Act 2003 (asp 2), s.6

References

• The Trespass (Scotland) Act 1865 on the UK Statute Law Database