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Re: TUC Day of Action - 26th March
Aggravated trespass - CPS
Quote:
Section 68(1) CJPOA formerly provided that a person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air does there anything which is intended by him to have the effect:a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
b) of obstructing that activity, or
c) of disrupting that activity
Section 59 of the Anti-social Behaviour Act 2003 amended section 68 by removing the words "in the open air".....
......
Any activity falling within conduct described in Section 68(1) is covered. Trespassing on land does not, in itself, amount to the commission of the offence: there must be trespassing on land 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
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