Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment her Department has made of the adequacy of trespassing laws on protection of the countryside.

The Home Office is responsible for such laws. Under the Criminal Justice and Public Order Act 1994, the police have powers to direct trespassers who are residing on land to leave. Failure to comply with the direction is a criminal offence. Through the Police, Crime, Sentencing and Courts Act 2022, the Government strengthened these powers of direction to:

o broaden the types of harm that are covered by the police power to direct trespassers away, to include damage, disruption and distress;

o increase the period in which trespassers directed away from the land must not return from three months to 12 months; and

o enable police to direct people away from land that forms part of a highway.

No recent assessment has been undertaken by Defra on the adequacy of these laws with respect to trespassing on private land for the purposes of recreation.

The Countryside and Rights of Way Act 2000 provides access across large parts of the English countryside and a right to roam across open access land, giving the public a right of access to most areas of mountain, moor, heath, down, registered common land and coastal margin. This is subject to certain restrictions and behaviours set out in the Act including those considered to be a criminal offence.

Public Spaces Protection Orders and the use of byelaws can also be used to address local issues to protect the countryside where it is reasonable and proportionate to do so.

The refreshed Countryside Code sets out the rules that we all must follow to enjoy visits to the countryside safely and responsibly.