Trespass (Scotland) Act 1865

Last updated

Trespass (Scotland) Act 1865 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to provide for the better Prevention of Trespass in Scotland.
Citation 28 & 29 Vict. c. 56
Territorial extent Flag of Scotland.svg  Scotland
Dates
Royal assent 29 June 1865

The Trespass (Scotland) Act 1865 (28 & 29 Vict. c. 56) is an act of Parliament in the United Kingdom.

Contents

The act creates a criminal offence of trespass in Scotland in certain circumstances and applies a penalty which has been amended by the Criminal Justice Act 1982 to that of a fine not exceeding Level 1 on the standard scale for violation. [2]

As of 2011, this was £200. [3]

The act applies to a wide variety of private property, although only to lodging, squatting and encampment on such property. [4] Between 2005 and 2010, there were 26 convictions. [3]

Developments

Subsequent legislation, such as the Land Reform (Scotland) Act 2003, has created more general rights of access and encampment on private land in certain circumstances, with specific exclusions. [5]

Footnotes

  1. The citation of this act by this short title is authorised by section 1 of this act.
  2. Criminal Justice Act 1982 (c. 45), Sch. 15 para. 1; quoted on the Statute Law Database
  3. 1 2 Reeve, Kesia (2011). Squatting: A homelessness issue. London: Crisis. ISBN   978-1-899257-70-6.
  4. s.3
  5. Land Reform (Scotland) Act 2003 (asp 2), s.6

Related Research Articles

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.

The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property.

A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

<span class="mw-page-title-main">Law of Canada</span>

The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.

Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land —may acquire legal ownership based on continuous possession or occupation of the property without the permission (licence) of its legal owner.

Disorderly conduct is a crime in most jurisdictions in the United States, the People's Republic of China, and Taiwan. Typically, "disorderly conduct" makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner, but otherwise present no danger.

A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws.

<span class="mw-page-title-main">Trespass to land</span> Use of land prevented by local property laws

Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort.

A stand-your-ground law, sometimes called a "line in the sand" or "no duty to retreat" law, provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes. Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present. The exact details vary by jurisdiction.

<span class="mw-page-title-main">Canadian tort law</span> Aspect of Canadian law

Canadian tort law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within Québec. Outside Québec, Canadian tort law originally derives from that of England and Wales but has developed distinctly since Canadian Confederation in 1867 and has been influenced by jurisprudence in other common law jurisdictions. Meanwhile, while private law as a whole in Québec was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of Quebec, which codifies most elements of tort law as part of its provisions on the broader law of obligations. As most aspects of tort law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, tort law varies even between the country's common law provinces and territories.

The Rivers Access Campaign is an ongoing initiative by the British Canoe Union (BCU) to open up the inland waterways of England and Wales to the public. Under current English and Welsh law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights.

<span class="mw-page-title-main">Criminal Law Act 1977</span> United Kingdom legislation

The Criminal Law Act 1977 is an act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.

<span class="mw-page-title-main">Wills Act 1837</span> United Kingdom legislation

The Wills Act 1837 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will on their death (s.3). The act extends to all testamentary dispositions or gifts, where "a person makes a disposition of his property to take effect after his decease, and which is in its own nature ambulatory and revocable during his life." As of 2012, much of it remains in force in England and Wales.

<span class="mw-page-title-main">Scottish criminal law</span>

Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.

<span class="mw-page-title-main">Squatting in England and Wales</span> Occupation of unused land or derelict buildings in England and Wales

In England and Wales, squatting—taking possession of land or an empty house the squatter does not own—occurs for a variety of reasons which include needing a home, protest, poverty, and recreation. Many squats are residential; some are also opened as social centres. Land may be occupied by New Age travellers or treesitters.

<span class="mw-page-title-main">Tort law in India</span> Aspect of Indian law

Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages, civil procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and for which remedy is available. If a remedy does not exist, a tort has not been committed since the rationale of tort law is to provide a remedy to the person who has been wronged.

<span class="mw-page-title-main">Legal Aid, Sentencing and Punishment of Offenders Act 2012</span> United Kingdom legislation

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom enacted by the coalition government of 2010-2015, creating reforms to the justice system. The bill for the act was introduced in the House of Commons on 21 June 2011, and received Royal Assent on 1 May 2012.

<span class="mw-page-title-main">Squatting in Scotland</span>

Squatting in Scotland is criminalised by the Trespass Act 1865. Following the Highland Clearances, land raids occurred across rural Scotland in the late nineteenth and early twentieth centuries, for example in Vatersay and Knoydart. More recently there have been land occupations as both road protests and as part of the Occupy movement. Baile Hoose was occupied during the 2021 United Nations Climate Change Conference in Glasgow.

References