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Serious Organised Crime and Police Act 2005

Section 128: Offence of trespassing on designated site

323.This section creates a criminal offence in England, Wales and Northern Ireland, of trespassing on sites designated by order by the Secretary of State. Subsection (3) (a)to (c) specify the circumstances in which the Secretary of State may designate a site. The Secretary of State may designate a site if (a) it is Crown land (defined in subsections (8)and (9)), (b) it is privately owned by either the Monarch or the immediate heir to the Throne, or (c) it appears to the Secretary of State that it is appropriate to do so in the interests of national security.

324.Subsection (4) provides a defence to a person charged with an offence under this section whilst subsection (6)states proceedings may not be brought against a person for this offence without the consent of the relevant Attorney General.

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