§ Mr. McMasterTo ask the Secretary of State for Scotland if he will make a statement on the laws relating to trespass in Scotland.
§ Lord James Douglas-HamiltonSimple trespass is not an offence under the criminal law of Scotland. However, the Trespass (Scotland) Act 1865 provides that it is an offence to lodge in private premises or occupy or encamp on private land, without the owner's consent. In addition, the Criminal Justice and Public Order Bill contains provisions which extend to Scotland and which address certain types of disruptive behaviour often associated with trespass.
As regards the civil law, if someone intrudes on land without permission and without any other legal right to do so then this will constitute trespass under Scots civil law. There are two possible civil remedies open to the owner of the land. An action of ejection would secure the removal of a person from occupying heritable property without right or title hitherto. An action of interdict would seek to prevent a person from doing something, such as returning 717W to the property. The two processes can be combined in one action, namely an action of ejection of a trespasser and interdict against his or her return.