Trespass

Trespass charges in Canberra can arise from entering private property, remaining on premises after being asked to leave, breaching a trespass notice from a shopping centre or government building, or entering territory land without authorisation. While often considered minor, trespass convictions can affect employment, security clearances, and APS Code of Conduct assessments. Andrew Byrnes Law Group provides defence for trespass matters across the ACT.

Discover

Trespass charges in Canberra are dealt with under ACT criminal law and can carry a criminal record that affects employment, security clearances and travel. Andrew Byrnes Law Group defends trespass matters across the ACT Magistrates Court with a defence-first approach. Deliberately Different.

Trespass under ACT law

The principal offence is unlawful entry on premises under the Crimes Act 1900 (ACT) [VERIFY exact section]. Related offences include trespass on Territory land under the Trespass on Territory Land Act 1932 (ACT) and aggravated forms where damage is caused, force is threatened, or the entry is at night.

Maximum penalty in the ACT

Simple trespass typically carries a maximum of 50 penalty units, 6 months imprisonment, or both [VERIFY]. Aggravated unlawful entry can attract up to 2 years imprisonment. A penalty unit in the ACT is currently $320 [VERIFY current rate], so a 50-unit fine equates to $16,000.

What the prosecution must prove

The accused entered or remained on premises or land
The entry was without the consent or lawful authority of the occupier
The accused knew, or was reckless as to, the lack of consent
For aggravated forms: an additional element such as damage, threat, or entry by night

Call (02) 6210 1075 to speak with an ABLG criminal defence solicitor today.

Defences available in the ACT

Lawful authority — police, emergency services, utility workers, real estate agents acting under instruction
Consent — express or implied permission from the occupier
Claim of right — honest belief the accused had a legal right to enter
Mistake of fact — reasonable mistake about boundaries or premises
Duress or necessity — entry to prevent harm
Identification challenge — where CCTV, witness or forensic evidence is contested

First appearance at the ACT Magistrates Court

Trespass matters are summary offences finalised in the ACT Magistrates Court at Knowles Place, Canberra. The first listing is a mention. The magistrate will confirm the charge, check legal representation, and adjourn for the prosecution to serve a brief of evidence. Bail is rarely refused for trespass; conditions may include staying away from the premises. Do not enter a plea before receiving legal advice.

What ABLG will do

We obtain the brief, identify weaknesses in identification and intent evidence, negotiate with ACT Policing prosecutors, and where appropriate seek diversion or a section 17 non-conviction outcome under the Crimes (Sentencing) Act 2005 (ACT). Where a plea is the correct course, we focus on character, context and rehabilitation to protect your record.

Charged with trespass in Canberra? Call (02) 6210 1075 for a confidential consultation.

Sentencing options in the ACT

Under the Crimes (Sentencing) Act 2005 (ACT), the ACT Magistrates Court has a sentencing ladder ranging from a non-conviction order under section 17, to a good behaviour order, fine, Intensive Correction Order, suspended sentence, and full-time imprisonment. For trespass, a properly prepared plea regularly results in a non-conviction or low-level good behaviour order, particularly for first-time matters with restitution, an apology, or a willingness to engage with counselling where the conduct was driven by mental health or substance issues.

Trespass in commercial and shopping contexts

A common scenario in Canberra is being asked to leave a shopping centre, licensed premises, or office building and being subsequently charged. The status of the person issuing the direction (manager, security officer, police), the reasonableness of the direction, and whether the accused was given adequate time to leave are all matters that can be tested. CCTV footage and incident reports are routinely subpoenaed by ABLG to verify the prosecution version.

Impact on employment and clearances

Even a low-level trespass conviction can affect Working with Vulnerable People (WWVP) checks, Australian Government baseline clearances, and roles in policing, defence and security. We focus on outcomes that preserve those opportunities wherever the facts allow.

Related criminal defence services

Frequently asked questions

Is trespass a criminal offence in the ACT?

Yes. Unlawful entry on premises is prosecuted under ACT criminal law and can result in a conviction recorded on your criminal history.

Will a trespass conviction show up on a police check?

A recorded conviction will appear on a National Police Certificate until it becomes spent under the Spent Convictions Act 2000 (ACT).

Can I be charged with trespass for refusing to leave a shop?

Yes. Remaining on premises after being asked to leave by the occupier or their representative can constitute trespass.

What is the difference between trespass and burglary in the ACT?

Burglary under section 132 of the Crimes Act 1900 (ACT) requires entry with intent to commit an offence inside. Trespass does not require that further intent.