Trespass (Scotland) Act 1865

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The Trespass (Scotland) Act 1865 (28 & 39 Vict. c. 56) is an Act of Parliament in the United Kingdom granted Royal Assent on 29 June 1865 and entitled An Act to provide for the better Prevention of Trespass in Scotland.

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.[1]

The Act applies to a wide variety of private property, although only to lodging, occupation and encampment on such property.[2]


Subsequent legislation, such as the Land Reform (Scotland) Act 2003, has created more general rights of access and encampment on private land in certain circumstances and on areas which are not already occupied or enclosed.[3]


  1. ^ Criminal Justice Act 1982 (c. 45), Sch. 15 para. 1; quoted on the Statute Law Database
  2. ^ s.3
  3. ^ Land Reform (Scotland) Act 2003 (asp 2), s.6