Trespassers on land in the open air who engage in conduct intended to obstruct or disrupt lawful activity on that land or who intend to intimidate those taking part in that lawful activity commit an offence under Section 68 CJPOA. <Stones 2001 8-24907>.
The offence is capable of being committed by hunt saboteurs or motorway protesters or any protesters who are trespassing on land in the open air, but it is not formally limited to protest groups.
Any activity falling within conduct described in Section 68(1) is covered. Trespassing on land in the open air does not, in itself, amount to the commission of the offence: there must be trespassing on land in the open air together with the subsection (1) additional conduct. It seems that mere presence as a trespasser will not be sufficient. The requirement appears to be for conduct over and above the act of trespassing although a person taking up a position which obstructs the lawful activity may be sufficient to make out the offence.
This additional conduct is anything. There is no requirement that the additional conduct should itself be a crime, so activities such as playing a musical instrument or taking a photograph could fall within "anything". What limits the scope of anything is the intention that must accompany it: the intention to obstruct, disrupt or deter by intimidating. Ramblers for instance, may trespass, and may disrupt a lawful activity (for example, rounding up sheep) by doing so, but unless they have the relevant intention, they do not commit the offence. Proof of this specific intent is necessary for conviction. It is no defence that the intent was not fulfilled.
Section 69 enables the senior police officer to order persons to leave the land if he or she reasonably believe they are committing, have committed, or intend to commit the offence of aggravated trespass. A person disobeying such a direction or returning to the land as a trespasser within 3 months commits an offence.
