Wild camping is NOT illegal in England and Wales
I thought I’d make a separate post regarding this, as there seems to be some confusion in this group about what the word “illegal” actually means in England and Wales.
The word “illegal” implies a criminal offence—one you can be arrested or prosecuted for by the state. Wild camping, in the vast majority of cases, is not a criminal offence. It is classed as civil trespass (making it "unlawful" in a civil sense, rather than criminal, which is an important legal distinction). You cannot be arrested simply for pitching a tent. The issue is strictly a private matter between you and the landowner.
It only crosses into criminal territory under very specific conditions:
- Aggravated Trespass: This only occurs if you intentionally intimidate, obstruct, or disrupt a lawful activity (like farming) taking place on that land. Refusing to leave can cross this threshold if your physical presence actively stops the landowner from carrying out their work.
- Criminal Damage: If you intentionally snap fences, chop down live trees, or destroy property.
- Police Directions: Under Section 69 of the Public Order Act, it becomes an offence if a uniformed police officer formally directs you to leave and you refuse.
As long as you pack up and leave immediately and politely if asked by the landowner, you have committed no crime.
Edit: In hindsight, I probably should have left the word 'illegal' out of it. Strictly speaking, it is illegal in that it breaks civil law, but the point I was trying to make was that it’s not illegal in the sense of being a criminal offence. And most people do equate something that’s illegal with being a criminal offence (hence the word ‘implies’).