Trespass (Scotland) Act 1865[1]
Parliament of the United Kingdom
Long titleAn Act to provide for the better Prevention of Trespass in Scotland.
Citation28 & 29 Vict. c. 56
Dates
Royal assent29 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, 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. ^ a b 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

Categories