In reply to Mike Stretford:
That parliamentary paper certainly clarifies that being on the land without having a 'right' would not, in itself, giver grounds for any sort of action.
It also clarifies that damage is one of the aggravating factors that might lead to a police officer backing up a previous landowner request for someone to leave.
Criminal damage is a different thing - if you meet that threshold then the issue of trespass is not really the salient one.
Bob's fundamental point is correct, and quite important.
I don't have an explicit right to wiggle my elbows on the Kings Road, but no-one can prosecute me if I do.
I don't have an explicit right to rearrange the goods in a department store, but though it might cause some consternation (and might, incidentally involve some offences if I do it in a rough or aggressive way), no-one can prosecute me if I do.
I don't have a right to punch strangers in the face - there also happen to be laws under which I could be prosecuted for doing so.
Having a right to do something is a bar against actions that prevent you from doing it.
Not having a right to do something means that such preventive actions could be taken. Whether they are, and what kind of actions are available, is a completely separate point. As such, landowners are normally expected to explicitly state that bikes etc are not allowed on a particular trail and/or to explictly ask them to leave before they can seek to have people removed. The issue of damage is a separate one, civil or criminal depending on the extent and nature of the damage. 'Trespass' is only really invoked for the purpose of removing people where there is some broader kind of harm being caused.
The semantics are not so important in the end though, since:
- Landowners and users annoying one another is generally not great, regardless of the legal niceties, and
- The access laws are so messy that it's better to focus on the broader question of how appropriate use can be agreed and managed in a clearer way