Defining Trespass
Simply put, trespass occurs when a person is present in a location where they have no legal right to be. This typically involves entering or moving across private property without the owner’s permission.
The legal categorisation of trespass varies according to the particulars of the incident and can be either a criminal offence or a civil wrongdoing (also known as a ‘tort’).
While trespassing can sometimes lead to more serious crimes, such as theft or assault, this is not always the case. Trespass alone is a matter of civil law.
Legal Boundaries
Under UK law, entry onto property is permissible with the owner’s invitation. However, if this invitation is rescinded (by the owner or their representative, such as a security operative), and the individual fails to leave, this is trespassing.
All land in the UK belongs to somebody, and unless the owner permits public access, anyone who sets foot on that private land without permission is, by definition, a trespasser. The reality is that most of us have trespassed, either knowingly or otherwise, at some time or another. Because of this, trespass itself typically falls under civil law as a tort, not criminal law.
The law places some emphasis on the trespasser’s foreknowledge of their transgression. Authorities are unlikely to charge a person who leaves quickly and orderly once informed they are trespassing.
Types of Trespass
There are generally three different types of trespass:
- Trespass to land occurs when someone enters or moves across private property (without an invitation or after an invitation has been formally withdrawn). Landowners can take preventative measures, such as signage or physical barriers. They can also verbally warn trespassers, and in cases of repeated violations, obtain an injunction against the trespasser that threatens legal consequences should they continue.
- Trespass to a person encompasses assault, battery, and false imprisonment. Assault involves a credible threat of violence, possibly without physical contact. Battery requires physical contact. False imprisonment is the unlawful restriction of someone’s movement, preventing them from leaving a specific area (simply obstructing a path is not false imprisonment if alternative routes remain available).
- Trespass to chattels involves unauthorised interference with someone’s personal property (chattels). It hinges on consent; taking, damaging, or using another’s property without permission constitutes this type of trespass.
Aggravated Trespass
The Criminal Justice and Public Order Act 1994 defines aggravated trespass as an act where a trespasser enters private property with the intent to intimidate, obstruct, or disrupt a lawful activity conducted there. This offence goes beyond simple trespass, requiring a demonstrable intent to interfere with the lawful actions of others. Examples include protesters physically blocking access to a factory or activists entering a church to stage a protest.
An individual guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine, or both. It is also an offence to return to the same property within 12 months of committing aggravated trespass.
The Role of Security
It’s important to remember that trespass, in most cases, is a matter of civil law, not criminal. However those affected by trespass can pursue legal action, depending on the specifics of the situation.
Security operatives licensed in Door Supervision or Close Protection activities may refuse entry to individuals who appear to violate the property’s rules, criminal justice laws, licensing laws, or are unwelcome by the establishment or its owners. Furthermore, they may conduct searches and eject individuals from the property.
An individual who gains unauthorised access after refusal, possibly following CCTV detection, or who remains after being asked to leave, is a trespasser.
Good Working Practices: Encountering a Trespasser
When encountering a trespasser, your first steps should be activating your body worn camera (if equipped) and requesting assistance via your radio.
When interacting with a trespasser, it’s important to speak in a calm and clear manner. Approach the trespasser calmly, informing them your body worn camera is recording video & audio, before explaining to the trespasser why they are being asked to leave the property.
While most individuals will comply with a request to leave, some may refuse and even become belligerent or aggressive. When faced with non compliance, repeat the instruction to leave clearly and decisively, leaving no room for negotiation. Repeating the instruction with the same wording and delivery reinforces that the decision is final and beyond the trespasser’s control.
If the trespasser remains uncooperative, inform them that security will forcibly remove them from the property and call the police if they do not leave willingly. Before physically intervening, try to de-escalate by speaking to the trespasser in a friendly, persuasive tone, urging them to leave peacefully. This approach demonstrates professionalism and a commitment to conflict resolution, which is beneficial should legal proceedings ensue.
Good Working Practices: Ejecting a Trespasser
If you decide to use physical intervention, update your colleagues and make them visible to the trespasser. This show of numbers can diffuse potential conflict, and your colleagues can witness the interaction if the trespasser alleges assault or excessive force.
Security operatives should eject the trespasser off the property via the nearest exit, ideally with two or more security operatives. Remember only to use reasonable force, which is always proportional to the threat presented at the time. Utilise your SIA training on safer restraints, and disengage at the earliest opportunity.
With the individual removed from the property, they are no longer trespassing. Security operatives must disengage physical restraint and only intervene further if the individual attempts to regain access, becomes violent, or commits a crime.
When faced with violent individuals or when outnumbered by violent individuals, prioritise safety by calling the police. Provided it is safe, a citizens arrest can be made, which can be carried out by any member of the British public in order to prevent a person harming themselves or others, damaging property, suffering a physical injury or attempting escape before the police can arrive.
Record every trespass incident in the incident log and report it to the duty manager and property owner if applicable. Good record keeping protects you and the establishment in the event of any legal challenges.