Aggravated Trespass and the Recent Just Stop Oil Protests

Could Recent Protests Force Review of Aggrevated Trespass Offences?

The recent ‘Just Stop Oil’ protests have been in the press recently – stirring a mixture of emotions as the strong environmental message conflicts with the widescale disruption their actions take. Here we look at whether the act of Aggrevated Trespass could see a review to see tougher punishments brought in to help deter against causing such disruption. 

What is Aggrevated Trespass?

Aggravated Trespass is an offence under section 68 of the Criminal Justice and Public Order Act 1994. It can only be tried in the magistrates’ court and carries a maximum penalty of three months’ imprisonment.

A person commits the offence of aggravated trespass if he trespasses on land in the open air and – in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air –  does there anything which is intended by him to have the effect—

(a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
(b) of obstructing that activity, or
(c) of disrupting that activity.

In a recent ruling the High Court grappled with this important question, namely:

“Whether the Crown must prove that a defendant either knew or was reckless as to whether he or she is a trespasser?”

The court found the answer to be “no”, commenting:

“Trespass is a legal concept from the law of tort, the meaning of which is well-settled; and as is common ground, proof of the civil wrong requires no mental element. Parliament’s decision to use the word trespass when describing the offence of aggravated trespass and indeed when naming the offence is not conclusive, but there is no indication in the statutory language or from the context of the provision, that trespass should be given a different and novel meaning from the meaning it has had at common law for many centuries.

In short, had Parliament intended trespass to mean something different in section 68 from its meaning in the law of tort, it would have said so.”

The court rejected further arguments based on human rights considerations.

The purpose of the law

This offence is one of a large number that seeks to curtail public protest. In recent years there has been a marked increase in the number of protests with activists seeking inventive ways to get their message across to both the public and government. Public protest often causes inconvenience, and the government appears particularly determined to legislate further in order to regulate protester behaviour.

‘Just Stop Oil’ Protests

Following recent protests on the M25 motorway, Home Secretary Suella Braverman has warned police they are losing the public’s confidence in their efforts to halt the Just Stop Oil protests as an officer was injured when the group brought the M25 to a halt for a third consecutive day.

The Home Secretary urged police chiefs to “step up” and take a “firmer line” against the protesters as she said there had also been a “loss in confidence” by police in their failure to make full use of their powers to crackdown on the protesters.

Whether this means there will be more prosecutions for Aggrevated Trespass or the potential of a review into the maximum sentencing term at some point in the future remains to be seen. What is for sure, the scale of disruption is a major contributing factor – which maybe the offence in it’s current guise hadn’t previously accounted for. 

As a firm we continually monitor develops in this complex area of law and stand ready to assist anyone accused of, or facing prosecution for, offences of this type.

How We Can Help

If you are facing charges for Aggrevated Trespass the implications can be far reaching. If you have any questions or concerns then please don’t hesitate to call us on 0161 477 1121 or email us.