I could be wrong here but I don't think wild camping is actually illegal, but to camp without the landowners permission is trespass, not a law but a civil offence.
but to camp without the landowners permission is trespass, not a law but a civil offence.
i believe under an act of parliament (so not law) there must be intent to commit an offence to be tresspass,ie criminal damage or theft,and if i remember right the criminal justice act was the said act. also as a civil matter the police have no juristiction over this matter,they can only get involved if an offence againt an act of parliament,statute or common law has taken place ie public order ,swearing or acting in a manner as perscribed by the public order act,an assault,theft or criminal damage. the police can be asked by the land owner to enforce a court order to remove you,but given the fact that a camper will be gone within 24 hours makes it unlikely that a land owner would bother with civil proceedings. Dont be supprised if the police do try to provoke you so as to be able to remove you from your chosen place of rest,it is a common practice.
The Criminal Justice and Public Order Act 1994,
removed the traditional ‘Right to Silence’.
Article 6 states:
(1) No person shall knowingly use any vehicle, including a caravan or any structure other than a tent for the purpose of camping on the access land or land set out for the use or parking of vehicles except on any area which may be set apart and indicated by notice as a place where such camping is permitted.
(2) No person shall knowingly erect a tent on the access land for the purpose of camping:
(a) in any area listed in Schedule 2 to these byelaws;
(b) within 100 metres of any public road or in any enclosure.
(3) No person shall camp in a tent on the same site on the access land for more than two consecutive nights, except on any area which may be set apart and indicated by notice as a place where such camping is permitted.
After a bit of searching i found this.
So to me it seems that the main problem is not sleeping but the erection of a tent.
Of course what is classified as a tent will be open to interpretation, i don't think many judges would know the difference between a tent, bivvy or tarp setup.
The Laws over here in Germany are very specific as to what a tent is( this is banned in a forest).
This is great news for people who like to sleep in a hammock or under a bivi and tarp as these are not forbidden they also have a by law that says all people are allowed to "stop for a rest" ie "sleep" as long as you dont use a tent then yer fine