In point of fact (in England and Wales at least) it still doesn't become criminal if you refuse to move, but the owner (or agent) is entitled to use reasonable force to evict you. This is because while simple trespass is not 'illegal' (in the sense of being a criminal offence) it is nonetheless 'unlawful' (a different thing), which is why you can be sued for the trespass at civil law.
There are certain forms of criminal trespass recognised and punishable by the criminal law. Far too many to go into here, but (in brief) more common examples would include:
- residential trespassing on land with vehicles
- trespass on land with a firearm/weapon of offence/poaching equipment
- trespass on educational premises
- trespass on railway land
- trespass on restricted military land
- trespass with intent to steal
- 'raves'
- groups of people trespassing in order to disrupt lawful activity
As always where UK hiking is concerned, bear in mind that Scots law is in independent entity and fundamentally different from the law of England and Wales.
Yes and we need to keep an eye on any tightening of laws such as this - regarding our civil rights - to wild camp and other things - its already escalated in the last couple of decades.
Sometimes legislation brought in on the back of irresponsible occupiers, but also resulting in an impingement of our rights to peacefully protest and so forth.
"Groups of people trespassing in order to disrupt 'lawful' activity - sounds OK until you realise that means anti frackers, rendition flight disruptors, forest protectors, cruise missile refuseniks, treasured greenspace preservers, oil pipeline or windfarm objectors, and so forth - are all potentially at risk of hefty jail terms for exercising their democratic rights to peacefully object to questionable yet 'lawful' activities.
AFAIK, in civil law, they still have to prove, on the balance of probabilities, that you did actually trespass. Which means that 1. They need to know who the person is to take action against and 2. Need to show that you did something that caused them a loss of some kind.
So really not a problem for your 'average' wild camper.
Its only going to cause a problem where there are large groups hanging about, lighting fires, breaking trees etc.
I'm a firm believer in 'the shared commons' in relation to all our land.
In terms of ownership,
Just because a legal document confers ownership I don't have the right to misuse, corrupt, or despoil that land, or its associated air, water, or resources.
Nor do I have the right to use force against a person to persuade them to move, if they're simply sitting on it quietly existing.
Tbh if someone parks their tent at the top of the hill here late evening, and moves off in the morning, we probs wouldn't even notice.
Hardly likely to be problem on a remote fell.