The Trespass (Scotland) Act 1865 (28 & 29 Vict. c. 56) is an act of the Parliament of the United Kingdom.
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.Criminal Justice Act 1982 (c. 45), Sch. 15 para. 1; quoted on the Statute Law Database , this was £200.
The act applies to a wide variety of private property, although only to lodging, squatting and encampment on such property.s.3 Between 2005 and 2010, there were 26 convictions.
Subsequent developments In section 3 of the act, the words from " turnpike " to " other " were repealed by section 1(1) of, and part VI of schedule 1 to, the Statute Law (Repeals) Act 1973, which came into force on 18 July 1973.
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, with specific exclusions.Land Reform (Scotland) Act 2003 (asp 2), s.6
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