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Sep 2, 2024 · The police officer concerned must reasonably believe that an assembly will be held which will involve a trespass on land and that it may result in serious disruption to the life of the...
Nov 4, 2022 · The senior police officer present at the scene may direct the trespassers to leave the land and to remove any vehicles or other property they have with them if he reasonably believes that: Two or more people are trespassing on land with the purpose of residing there;
This document is guidance covering the options to be considered in using the powers available for police to respond to circumstances in respect of trespassing on land without consent, such powers having been amended by the Police, Crime, Sentencing and Courts (PCSC) Act 2022.
- Summary
- Existing and Strengthened Powers to Remove Trespassers on Land
- Application of The Guidance
- Preventing The Return of An Unauthorised Encampment
- Additional Sources of Information
About this guidance
This statutory guidance sets out the suite of powers available for police to respond to unauthorised encampments and to tackle a range of harms proportionately. The Secretary of State must issue this guidance under s62F of the Criminal Justice and Public Order Act 1994 (“CJPOA”) which will help police forces to exercise the powers in the new or amended provisions in the CJPOA. This statutory guidance is in relation to the exercise by the police of their powers under s60C to 62E of the CJPOA a...
Purpose of guidance
In the above context this guidance aims to: 1. set out all the new powers in the [2022 Act] and existing powers in the CJPOA (s60C to 62E of the CJPOA and regulations made under s67) which are available to police to tackle unauthorised encampments. highlight the criteria that must be met for police to lawfully exercise the powers 2. clarify the meaning of key terms within the [2022 Act] 3. help the police decide on proportionate action The scope of this guidance does not cover incidents where...
What has been introduced in the [2022 Act]?
Sections 60C to 60E of the CJPOA set out the criminal offence relating to residing on land without consent, in or with a vehicle, and associated seizure and forfeiture powers.
Existing powers to remove trespassers on land as introduced in the 1994 Act and amended in the
Power to remove trespassers with a common purpose of residing on land In cases where no significant harms have been committed, police may decide to take other enforcement action using Section 61 of the Criminal Justice and Public Order Act 1994, providing the conditions of this are met. Section 61 gives police the powers to direct trespassers on land who have the common purpose of residing there for any period. The power applies where a senior officer reasonably believes that two or more peop...
When deciding on the appropriate enforcement action to take in relation to the new offence and existing CJPOA enforcement powers, police should continue to consider all the facts in each situation. NPCC operational advice for unauthorised encampments and individual police force guidance will provide operational best practices and can be used alongs...
Following up on enforcement action
Where a trespasser or encampment returns in the conditions specified and the police have used their powers under the CJPOA as amended by the [2022 Act] to remove them, police should consider pursing criminal sanctions. Circumstances where the police should consider criminal sanctions are if the new offence is committed as well as if the person returns with an intention to reside in or with a vehicle within 12 months of being directed to leave, without a reasonable excuse. Police should have s...
The police may also wish to refer to the following guidance documents and resources: 1. Dealing with illegal and unauthorised encampments - GOV.UK (www.gov.uk) 2. The Police (Retention and Disposal of Motor Vehicles) Regulations 2002 for powers of seizure 3. NPCC operational advice
A person can have statutory authority to enter premises. Examples include a meter reader, a court bailiff or a police officer with a valid search warrant. 8. A person has a legal right to enter land if he has a private right of way over it (an easement) or if there is a public highway over the land.
Trespass alone is a matter of civil law, which means that the police have no power to arrest you for it; police may nonetheless help landowners remove trespassers from land. Trespass is entering – or putting property on – land that belongs to someone else, without their permission.
People also ask
Can a police officer arrest a trespasser?
Can police remove trespassers on land?
What happens if a trespasser lands on a property?
Can police respond to trespassing on land without consent?
Can trespassers be prosecuted?
Should police remove a trespasser or encampment?
To deter trespassing on to land, a landowner would often erect signage stating ‘trespassers will be prosecuted’. However, those with legal knowledge know that trespass was, in fact, a civil wrong and not a criminal offence, meaning trespassers could not be prosecuted.
