Here is the info according to CAB (Citizens advice Bureau)....









Trespass



If there is no right of way or other legal right of access, a person entering another person's land without her/his express or implied permission is trespassing. Throwing an object on to land and shooting over land are also forms of trespass. However, causing noise or vibrations on another person's land are not trespass (although they might constitute a nuisance).





Trespass is not usually a criminal offence, except in certain circumstances. It is instead a tort, that is, a civil wrong and, unless the landowner can prove real damage to her/his property, s/he could probably only recover nominal damages by taking legal action. The trespasser might, however, have to meet the landowner's legal costs.







Criminal trespass



It is a criminal offence to trespass on certain types of land, for example, some military training land and railway land. In addition, it is an offence to trespass on a designated site. The Home Secretary may designate a site if it is Crown land or privately owned by the monarch or immediate heir to the Throne, or it is appropriate in the interests of national security.



Under the Criminal Justice and Public Order Act 1994, it is a criminal offence for two or more people to trespass on land if they have been requested to leave by the occupier of the land, or by someone acting on her/his behalf. This legislation is most commonly used by the police in relation to Gypsies and Travellers. The police can direct the trespassers to leave the land if:-



â€¢ any or all of the trespassers has caused damage to the land or property on the land; or



â€¢ any or all of the trespassers has used threatening, abusive or insulting behaviour or words towards the occupier, a member of her/his family, or her/his employee or agent; or



â€¢ the trespassers have, among them, six or more vehicles on the land; or



â€¢ there is a suitable pitch available on a caravan site in the local authority area.





If a person has been directed to leave the land by a police officer and s/he refuses to do so, or if s/he leaves but returns within three months, s/he commits the offence of criminal trespass.







Police Law



Aggravated trespass



A person commits an offence of aggravated trespass if s/he trespasses on land in the open air, and:-



â€¢ intimidates other people in order to deter them from engaging in a lawful activity; or



â€¢ obstructs or disrupts other people engaging in a lawful activity.





The police have the power to order a person whom they believe is committing, has committed or intends to commit aggravated trespass, to leave. The police are most likely to use this power in relation to hunt saboteurs. The order to leave must be given by the most senior police officer present. If the person fails to leave the land, or re-enters within three months, s/he commits a criminal offence.



In one case it was decided that people who had trespassed on land to deliberately damage genetically modified crops had not committed aggravated trespass. This decision was based on the fact that those who owned the crops were not present when the damage occurred, and that they were not, therefore, intimidated, obstructed or disrupted.







Trespassory assemblies



A trespassory assembly is an assembly of at least 20 people on land to which there is no or limited right of public access, which takes place without the permission of the owner or occupier of the land. The police have powers to prohibit such an assembly.



If the police believe that a trespassory assembly is to be held on land, and that it may result in either serious disruption to life in the community or significant damage to land, buildings or monuments of historical, architectural, archaeological or scientific importance, they can apply to the local authority for an order prohibiting it. A prohibiting order can last for up to four days and cover an area up to five miles around a specified point.



It is a criminal offence for someone to organise, take part in, or incite another person to take part in, an assembly that is subject to a prohibiting order.



The police can stop a person who they believe is on her/his way to a prohibited assembly anywhere within the area subject to a prohibiting order, and direct her/him not to proceed. If the person continues, s/he commits a criminal offence.







Hope that helps somewhat....





Waeffe