asked Her Majesty's Government:
Whether they will consider issuing guidance to Ministry of Defence police that where a person trespasses on land in the open air with the intention of observing what takes place there, but without doing anything which is intended to have any of the effects specified in Section 69(1) of the Criminal Justice and Public Order Act 1994, they should not submit a case to the Crown Prosecution Service under that section. [HL13]
It would not be appropriate for Her Majesty's Government to issue guidance to the Ministry of Defence police on the enforcement of criminal law. Operational policing is entirely a matter for the chief constable of the force and the individual officers involved in specific incidents. The Crown Prosecution Service in turn decides whether prosecutions should take place.