The Trespass (Scotland) Act 1865 (
28 & 39 Vict c 56) is an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
.
The Act creates a
criminal offence
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
of
trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...
in
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
in certain circumstances and applies a penalty which has been amended by the
Criminal Justice Act 1982
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
to that of a fine not exceeding Level 1 on the
standard scale for violation.
As of 2011, this was £200.
The Act applies to a wide variety of
private property, although only to lodging,
squatting and encampment on such property. Between 2005 and 2010, there were 26 convictions.
Developments
Subsequent legislation, such as the
Land Reform (Scotland) Act 2003
The Land Reform (Scotland) Act 2003 is an Act of the Scottish Parliament which establishes statutory public rights of access to land and makes provisions under which bodies representing rural and crofting communities may buy land.
Provisions
T ...
, has created more general rights of access and encampment on private land in certain circumstances, with specific exclusions.
[Land Reform (Scotland) Act 2003 (asp 2), s.6]
Footnotes
{{reflist
References
The Trespass (Scotland) Act 1865 on the UK Statute Law Database
Acts of the Parliament of the United Kingdom concerning Scotland
Scots property law
United Kingdom Acts of Parliament 1865
19th century in Scotland
1865 in Scotland
Squatting in Scotland