Trespassers: Are they breaking the law, and what can be done to stop them?

Trespassers cannot usually be tried criminally for trespassing on private property but could face civil action, according to legal professionals in the UK.

Copyright: Dwayne Hards.

Trespass is generally a civil matter but could become criminal if the trespasser uses any amount of force to enter the premises. This applies even if no damage was caused, as simply pushing an unlocked gate open to gain unauthorized entry could be considered breaking and entering.

Property owners have the right to use reasonable force to remove a trespasser. However, the police are generally unlikely to attend civil disputes but could remove the trespasser on behalf of the landowner under civil law — which anyone could do, as that's how security staff have the right to remove people from private venues. They could also keep the peace and wait for the trespasser to commit a criminal offence, allowing them to take action on the spot.