The Trespass (Scotland) Act 1865 (28 & 29 Vict. c. 56) is an act of Parliament in the United Kingdom.
| Act of Parliament | |
 | |
| Long title | An Act to provide for the better Prevention of Trespass in Scotland. |
|---|---|
| Citation | 28 & 29 Vict. c. 56 |
| Territorial extent |  Scotland |
| 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[update], 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
editSubsequent 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
edit- ^ 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
- ^ a b 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