Trespass (Scotland) Act 1865
The Trespass (Scotland) Act 1865 (28 & 29 Vict. c. 56) is an Act of Parliament in the United Kingdom.
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| Long title | An Act to provide for the better Prevention of Trespass in Scotland. |
|---|---|
| Citation | 28 & 29 Vict. c. 56 |
| Dates | |
| Royal assent | 29 June 1865 |
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
- The citation of this Act by this short title is authorised by section 1 of this Act.
- Criminal Justice Act 1982 (c. 45), Sch. 15 para. 1; quoted on the Statute Law Database
- Reeve, Kesia (2011). Squatting: A homelessness issue. London: Crisis. ISBN 978-1-899257-70-6.
- s.3
- Land Reform (Scotland) Act 2003 (asp 2), s.6
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