Aggravated trespass: Keep off the grass

• Under s 68(1) of the Criminal Justice and Public Order Act 1994, aggravated trespass occurs where the trespasser impacts upon any lawful activity underway on the land in question, including through intimidation, obstruction or disruption.
• A recent case which saw a YouTube prankster enter the pitch during a test match at The Oval cricket ground was found to fall squarely within the scope of a s 68(1) offence, with the claim that it was done for entertainment purposes proving no defence.

While we ordinarily think of trespass as being a civil law matter, under s 68(1) of the Criminal Justice and Public Order Act 1994 (CJPOA 1994) it is a summary offence to trespass on land. The ‘aggravated’ nature of the offence, as determined by the intervention of Parliament, relates to its impact on a lawful activity which is being engaged in on the land at the time that the trespass occurs.