Protest on Private Land
The right to assembly generally only applies in public places. If you protest on private land without the permission of the occupier, you will be trespassing. Trespassing is not normally a criminal offence, but it is a tort (a civil wrong). This means that the occupier can sue the trespasser, or apply for a court order for possession, but the police cannot normally arrest someone merely because they are trespassing. However, recent changes in the law have created new criminal offences connected with trespass.
Aggravated Trespass
The offence of aggravated trespass is committed when a person trespasses on land when a lawful activity is taking place on that land or land nearby and he or she does anything intending to intimidate, obstruct or disrupt that activity.
The offence, under Section 68 of the Criminal Justice and Public Order Act 1994, goes hand-in-hand with powers to direct trespassers away from the land, under Section 69. Failure to comply with such a direction or to return to the land within 3 months of being given such a direction is an offence.
Trespassory assemblies
Under the Public Order Act 1986, if a chief police officer reasonably believes that there is a risk of trespassory assemblies that will result in serious disruption to the life of the community or in damage to important building or monuments in a particular area, he can apply to the local council for an order prohibiting all trespassory assemblies. This provision was added to the POA in the 1990s to deal with ‘raves’ and with ‘new age’ groups celebrating the solstice in Stonehenge.
If the order is granted, it will be an offence for anyone who knows of the order to organise or to participate in a trespassory assembly within that area. A 'trespassory assembly' is 20 or more people on land in the open air without the permission, or in excess of the permission, of the occupier. The police will also have the power to stop persons whom they reasonably believe are going to a trespassory assembly and to direct them not to proceed. Failure to obey such a direction is an offence.
This is a widely drawn provision, which puts a great deal of power in the hands of occupiers of land. However, it can only be used in connection with assemblies on private land. Liberty was involved in a test case in 1999 to challenge the legality of a ban on a group of people who were holding a small demonstration on a public roadway. It was a peaceful, non-obstructive gathering on a road which was open to the general public, but the police said that because the group were not 'passing and re-passing' - that is, doing what the road was traditionally intended for - they were legally classified as trespassers. The House of Lords agreed with Liberty that to assemble peacefully and non-obstructively on the public highway was not trespass and peaceful political protest was a reasonable use of the highway.
Trespass on designated sites
The Serious Organised Crime and Police Act 2005 (SOCPA) created the new offence of trespassing on a designated site. This was introduced as intending to deal with protesters that trespassed on Royal properties, such as the Fathers4Justice protesters that climbed up Buckingham Palace. However, in addition to Crown land, this section also allows the Secretary of State to designate any other site which he considers appropriate to designate in the interests of national security.
There is no definition of national security- the Secretary of State could designate, for example, embassies, arms fairs, military bases, or government buildings. So far the type of locations that have been designated have been military bases.
The offence is that of entering or being on any designated site as a trespasser. It is a defence if the person charged can prove that he did not know, and had no reasonable cause to suspect that the site was designated.
Criminal Damage
It is an offence under the Criminal Damage Act 1971 if you damage or destroy property or threaten to do so intentionally or recklessly and without lawful excuse. There is a full range of offences from arson with intent to endanger life (maximum penalty life imprisonment) to damage of property under £5,000 in value (Magistrates' Court only with a maximum penalty of 51 weeks and/or a fine at level 4 - currently £2,500). The damage need not be permanent. Even graffiti designed to wash away in the rain may be criminal damage.
Aggravated Trespass
The offence of aggravated trespass is committed when a person trespasses on land when a lawful activity is taking place on that land or land nearby and he or she does anything intending to intimidate, obstruct or disrupt that activity.
The offence, under Section 68 of the Criminal Justice and Public Order Act 1994, goes hand-in-hand with powers to direct trespassers away from the land, under Section 69. Failure to comply with such a direction or to return to the land within 3 months of being given such a direction is an offence.
Trespassory assemblies
Under the Public Order Act 1986, if a chief police officer reasonably believes that there is a risk of trespassory assemblies that will result in serious disruption to the life of the community or in damage to important building or monuments in a particular area, he can apply to the local council for an order prohibiting all trespassory assemblies. This provision was added to the POA in the 1990s to deal with ‘raves’ and with ‘new age’ groups celebrating the solstice in Stonehenge.
If the order is granted, it will be an offence for anyone who knows of the order to organise or to participate in a trespassory assembly within that area. A 'trespassory assembly' is 20 or more people on land in the open air without the permission, or in excess of the permission, of the occupier. The police will also have the power to stop persons whom they reasonably believe are going to a trespassory assembly and to direct them not to proceed. Failure to obey such a direction is an offence.
This is a widely drawn provision, which puts a great deal of power in the hands of occupiers of land. However, it can only be used in connection with assemblies on private land. Liberty was involved in a test case in 1999 to challenge the legality of a ban on a group of people who were holding a small demonstration on a public roadway. It was a peaceful, non-obstructive gathering on a road which was open to the general public, but the police said that because the group were not 'passing and re-passing' - that is, doing what the road was traditionally intended for - they were legally classified as trespassers. The House of Lords agreed with Liberty that to assemble peacefully and non-obstructively on the public highway was not trespass and peaceful political protest was a reasonable use of the highway.
Trespass on designated sites
The Serious Organised Crime and Police Act 2005 (SOCPA) created the new offence of trespassing on a designated site. This was introduced as intending to deal with protesters that trespassed on Royal properties, such as the Fathers4Justice protesters that climbed up Buckingham Palace. However, in addition to Crown land, this section also allows the Secretary of State to designate any other site which he considers appropriate to designate in the interests of national security.
There is no definition of national security- the Secretary of State could designate, for example, embassies, arms fairs, military bases, or government buildings. So far the type of locations that have been designated have been military bases.
The offence is that of entering or being on any designated site as a trespasser. It is a defence if the person charged can prove that he did not know, and had no reasonable cause to suspect that the site was designated.
Criminal Damage
It is an offence under the Criminal Damage Act 1971 if you damage or destroy property or threaten to do so intentionally or recklessly and without lawful excuse. There is a full range of offences from arson with intent to endanger life (maximum penalty life imprisonment) to damage of property under £5,000 in value (Magistrates' Court only with a maximum penalty of 51 weeks and/or a fine at level 4 - currently £2,500). The damage need not be permanent. Even graffiti designed to wash away in the rain may be criminal damage.
