Aggravated trespass

s.68Criminal Justice and Public Order Act 1994

Trespassing on land and doing something there intended to intimidate, obstruct or disrupt people carrying on a lawful activity on that or adjoining land.

Aggravated trespass · Criminal Justice and Public Order Act 1994, s.68Card 68 / 195

Points to prove

Trespassed on land
In relation to a lawful activity which persons were engaging in, or about to engage in, on that or adjoining land
Did there anything
s.68(1)(a)Intended to intimidate those persons or any of them so as to deter them from engaging in that activity
s.68(1)(b)–(c)Or intended to obstruct or disrupt that activity

Key definitions

Trespass – being on land without the consent of the occupier or other lawful authority.
Land – since 2004 the trespass and the activity no longer need to be “in the open air”, so buildings are covered. Under s.68(5), land does not include a highway, unless it is a footpath, bridleway, byway open to all traffic, restricted byway or cycle track.
Lawful activity – s.68(2): activity people may carry on without committing an offence or trespassing. An offence that is only incidental to the activity does not stop it being lawful (Richardson v DPP 2014, Supreme Court).
Does there anything – a distinct, overt act beyond the trespass itself is needed (DPP v Barnard 1999). Trespass alone is not enough.

Good to know

Covers hunt sabotage, occupations of shops, offices and farms, and similar protest action against a lawful business or activity.
s.69 direction: the senior officer present may direct people to leave the land if they reasonably believe aggravated trespass is being, has been or is intended to be committed. Knowing the direction applies to them, failing to leave as soon as practicable, or re-entering as a trespasser within 3 months, is an offence (3 months’ imprisonment and/or level 4 fine). It is a defence to show the person was not trespassing or had a reasonable excuse.
Summary only, so proceedings must normally start within 6 months of the offence.

Legislation: Criminal Justice and Public Order Act 1994, s.68 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 3 months' imprisonment and/or a fine not exceeding level 4 (£2,500)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Aggravated trespass: questions people ask

What are the points to prove for aggravated trespass?

1. Trespassed on land 2. In relation to a lawful activity which persons were engaging in, or about to engage in, on that or adjoining land 3. Did there anything 4. Intended to intimidate those persons or any of them so as to deter them from engaging in that activity 5. Or intended to obstruct or disrupt that activity

What is the maximum sentence for aggravated trespass?

3 months' imprisonment and/or a fine not exceeding level 4 (£2,500)

Is aggravated trespass a summary, either-way or indictable offence?

Aggravated trespass is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is aggravated trespass?

Aggravated trespass is an offence under the Criminal Justice and Public Order Act 1994, s.68.

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