Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
I am told that if a hunt saboteur were to encroach on private land he or she could be arrested for ‘aggravated trespass’ and could be prosecuted even if no damage had been done. However, I understand that if a local hunt were to stray into someone’s garden and kill pets, cause damage etc. no action could be taken.
Is this because there is a difference here between Civil Law and Criminal Law? Please can you enlighten me?
Answer :-
Trespass has for long been a civil matter however the Criminal Justice and Public Order Act 1994 created the new offence of aggravated trespass.
It is therefore now a criminal offence if a person trespasses on land in the open air and, in relation to any lawful activity which other persons are engaged in, he intimidates, obstructs or disrupts those persons. Hunt saboteurs were at least one of the targets at which this legislation was aimed.
Theoretically a hunt could be guilty of aggrevated trespass too, say for example if it charged across your garden or land as you and you family enjoyed a barbecue or picnic - or even as you tended the vegetable patch or hung out the washing. I am not aware of any cases having been mounted but it sounds pretty disruptive to me!.
If a hunt were to cause damage in those circumstances there could also possibly be grounds for the police to prosecute the people involved for criminal damage, which is naturally enough also a criminal offence.
Quite separately you could sue the hunt for damages in the civil court.
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