As it stands at the time of writing, Clause 145 of the Legal Aid, Sentencing and Punishment of Offenders Bill will make trespassing in a residential building a criminal offence. The Bill – as at 25 April 2012 – is at the “ping pong” stage of Parliament’s consideration as it goes back and forth between Lords and Commons before the final text is agreed. Next is Royal Assent and it is now certain that this new offence will come to pass given that the final attempt in the Lords to remove it from the Bill or to modify it was defeated on 29 March 2012.

Considers the case of Best v Chief Land Registrar