united-kingdom property trespass england-and-wales
Canary Wharf - privately owned public space - is it possible to be banned from entering the area?
<p><a href="https://en.wikipedia.org/wiki/Canary_Wharf" rel="nofollow noreferrer">Canary Wharf</a> in London is a <a href="https://en.wikipedia.org/wiki/Category:Privately_owned_public_spaces" rel="nofollow noreferrer">privately owned public space</a>. </p>

<p>So far I have been found guilty of <strong>walking on a grass</strong> and <strong>jumping on a stone wall</strong> (part of a workout routine).</p>

<p>I'm concerned that sooner or later my attitude <code>don't give a f•••ism</code> will get me banned from the area. I don't the current abilities of the <a href="https://en.wikipedia.org/wiki/Mass_surveillance_in_the_United_Kingdom" rel="nofollow noreferrer">mass surveillance</a> but I could potentially circumvent that with baseball cap and pollution mask.</p>

<p>Jokes aside:</p>

<ul>
<li>do they - <a href="http://group.canarywharf.com/about-us/" rel="nofollow noreferrer">http://group.canarywharf.com/about-us/</a> - have authority over a sovereign man? </li>
<li>what if it is their private land?</li>
<li>what if it is a public space on their private land?</li>
<li>what exactly their private security is entitled to do?</li>
</ul>

<p>Below attaching screenshot from Google search - some people get frustrated. Before I cross the line I would like to know exactly what my options are.</p>

<p><a href="https://i.stack.imgur.com/SHIhx.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/SHIhx.png" alt="enter image description here"></a></p>

<p>Let's deal with the somewhat misguided notion of "public space": what it means and what it doesn't:</p>

<ul>
<li>"publicly owned" is not equivalent to "public space" - No 10 Downing Street is "publicly owned"; it is not "public space".</li>
<li>"privately owned" can be "public space" - the publically accessible parts of shopping malls are privately owned public spaces.</li>
<li>"public space" does not mean you have unconditional access. Access may be limited or subject to restrictions placed on it by whoever has lawful authority over it. For example, the aforementioned shopping mall is not public when the mall is closed, roads may be closed for maintenance, street festivities or emergencies etc.</li>
</ul>

<p>So, people with legal authority over the space can restrict or ban your access if, for example, you repeatedly flaunt the rules that they impose on the space.</p>

<p>Their private security can request that you leave. If you refuse, you are trespassing and subject to arrest, either by security as a citizens arrest or by the police.</p>

<p>If you are banned from entering that land in writing then under common law, you are banned from entering that land whilst the ban remains in force. Ignoring that ban could lead to a civil action or even a criminal prosecution against you. A civil action could lead to an injunction being made prohibiting you from entering the land, breach of which will constitute a contempt of court for which you could be fined and/or imprisoned. A criminal prosecution could be made for aggravated trespass, if found guilty for that offence then you could be fined and/or imprisoned. In addition to that, if an application is made by the prosecutor, then the court could consider making a Criminal Behaviour Order against you which would last for a minimum of two years and is unlimited in length. If you breach this order and are subsequently found guilty, then the maximum sentence you could face would be 5 years imprisonment and/or an unlimited fine. I would advise speaking to a civil solicitor if you still wish to trespass on that land.</p>
