header-logo header-logo

07 October 2022 / Neil Parpworth
Issue: 7997 / Categories: Features , Criminal , Health & safety , Public
printer mail-detail

Aggravated trespass: Keep off the grass

96618
Pitch invaders beware: Neil Parpworth examines the aggravated trespass offence on the field of play
  • Under s 68(1) of the Criminal Justice and Public Order Act 1994, aggravated trespass occurs where the trespasser impacts upon any lawful activity underway on the land in question, including through intimidation, obstruction or disruption.
  • A recent case which saw a YouTube prankster enter the pitch during a test match at The Oval cricket ground was found to fall squarely within the scope of a s 68(1) offence, with the claim that it was done for entertainment purposes proving no defence.

While we ordinarily think of trespass as being a civil law matter, under s 68(1) of the Criminal Justice and Public Order Act 1994 (CJPOA 1994) it is a summary offence to trespass on land. The ‘aggravated’ nature of the offence, as determined by the intervention of Parliament, relates to its impact on a lawful activity which is being engaged in on the land at the time that the trespass occurs. Thus, the offence is committed where the trespasser does anything

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll