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> Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
Section 61
The elements necessary for the police to give a removal direction under section 61 are:
i) two or more persons trespassing on land and residing there for any period;
ii) reasonable steps have been taken by or on behalf of the occupier to ask them to leave;
iii) there are six or more vehicles, or any of the persons has caused damage to the land or to property on the land, or any of the persons has used threatening, abusive or insulting words or behaviour towards the occupier, a member of his/her family or an employee or agent of the occupier.
The statutory (i.e. substantive) defences are contained in CJPOA section 61(6):
a) that they are not trespassing on the land; or
b) that they had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser within 3 months.
Gypsies or Travellers commit an offence if they fail to leave the land as soon as reasonably practicable or if they again enter the land as a trespasser within 3 months.
Ultimately the police would have to obtain a court order (CJPOA section 62). However, failure to comply with a removal direction (prior to any court hearing) may result in arrest (Police and Criminal Evidence Act 1984 section 24) and/or impoundment of vehicles (CJPOA section 62).
Section 62 A to E
The elements necessary for the police to give a removal direction under this section are:
i) two or more persons trespassing on land and residing there for any period;
ii) one or more vehicles;
iii) suitable pitch or pitches on a relevant caravan site;
iv) the occupier of the land or a person acting on his/her behalf has asked the police to remove the trespassers.
The government guidance on section 62A-E (an addendum to the Office of the Deputy Prime Minister – ODPM – Guidance on Managing Unauthorised Camping, February 2004) states, with regard to suitable pitch:
‘Of course, it is for the Courts to interpret legislation, but the Secretary of State considers that a suitable pitch is one that provides basic amenities including water, toilets and waste disposal facilities. Other factors include the potential for community tension and issues of public order/anti-social behaviour need to be considered especially where the trespasser intends to remain on the site for the three month period. This could include an authorised transit site or stopping place. There should be a reasonable expectation that the pitch will be available for peaceful occupation for at least three months, except where the trespasser is expecting to move on before that time.’
Additionally, the Guidance states:
‘A suitable pitch will only be available if there are currently no waiting lists for that site.’
A relevant caravan site is one that is situated in the area of a local authority within whose area the land is situated and which is managed by a relevant site manager. Therefore, if a Gypsy or Traveller is encamped in the area of a district council, the site could be anywhere within the relevant county council area.
Section 62A(6) defines relevant site manager as:
a) a local authority within whose area the land is situated;
b) a registered social landlord.
The police officer or police officers involved must consult every local authority within whose area the land is situated as to whether there is a suitable pitch.
A person commits an offence (under section 62B(1)) if he/she:
a) fails to leave the land as soon as reasonably practicable; or
b) enters any land in the area of the relevant local authority as a trespasser before the end of the relevant period.
In a county council area, the relevant local authority will be the district council.
The relevant period is three months from the day on which the removal direction is given.
The statutory (i.e. substantive) defences are contained in section 62B(5) and are:
a) that they are not trespassing on the land; or
b) that they had a reasonable excuse for failing to leave the land as soon as reasonably practicable or for entering the land in the area of the local authority as a trespasser with the intention of residing there; or
c) that the Gypsy or Traveller was under the age of 18 and residing with his/her parent or guardian.
An important distinction between s61 and s62A-E is that in the former case ‘land’ does not include a highway but, in the latter case, it can include a highway.
It can be very difficult to challenge the police powers of eviction in general because of the very short deadlines for moving on given by the police in many cases. Since the police powers were first brought in by the Public Order Act 1986, Gypsy and Traveller campaigners have criticised their use since those subjected to them usually feel obliged to move, even if they feel the powers are being exercised unlawfully, since otherwise they face possible arrest and impoundment of their homes.
Section 77
These powers are only available to local authorities. They can be used against unauthorised occupiers in vehicles on any piece of land, even if not owned by the local authority, where the occupiers are residing without the consent of the owner or a person with an interest in the land.
Once a removal direction has been served, a person commits an offence (under section 77(3)) if he/she:
a) fails, as soon as practicable, to leave the land or to remove from the land any vehicle or other property which is subject to the direction; or
b) having left the land, again enters the land within a period of three months beginning with the day on which the direction is given.
The statutory (i.e. substantive) defence is provided by section 77(5):
‘It is a defence for the accused to show that his failure to leave or to remove the vehicle or other property as soon as practicable or his re-entry with the vehicle was due to illness, mechanical breakdown or other immediate emergency.’
The elements necessary for the police to give a removal direction under section 61 are:
i) two or more persons trespassing on land and residing there for any period;
ii) reasonable steps have been taken by or on behalf of the occupier to ask them to leave;
iii) there are six or more vehicles, or any of the persons has caused damage to the land or to property on the land, or any of the persons has used threatening, abusive or insulting words or behaviour towards the occupier, a member of his/her family or an employee or agent of the occupier.
The statutory (i.e. substantive) defences are contained in CJPOA section 61(6):
a) that they are not trespassing on the land; or
b) that they had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser within 3 months.
Gypsies or Travellers commit an offence if they fail to leave the land as soon as reasonably practicable or if they again enter the land as a trespasser within 3 months.
Ultimately the police would have to obtain a court order (CJPOA section 62). However, failure to comply with a removal direction (prior to any court hearing) may result in arrest (Police and Criminal Evidence Act 1984 section 24) and/or impoundment of vehicles (CJPOA section 62).
Section 62 A to E
The elements necessary for the police to give a removal direction under this section are:
i) two or more persons trespassing on land and residing there for any period;
ii) one or more vehicles;
iii) suitable pitch or pitches on a relevant caravan site;
iv) the occupier of the land or a person acting on his/her behalf has asked the police to remove the trespassers.
The government guidance on section 62A-E (an addendum to the Office of the Deputy Prime Minister – ODPM – Guidance on Managing Unauthorised Camping, February 2004) states, with regard to suitable pitch:
‘Of course, it is for the Courts to interpret legislation, but the Secretary of State considers that a suitable pitch is one that provides basic amenities including water, toilets and waste disposal facilities. Other factors include the potential for community tension and issues of public order/anti-social behaviour need to be considered especially where the trespasser intends to remain on the site for the three month period. This could include an authorised transit site or stopping place. There should be a reasonable expectation that the pitch will be available for peaceful occupation for at least three months, except where the trespasser is expecting to move on before that time.’
Additionally, the Guidance states:
‘A suitable pitch will only be available if there are currently no waiting lists for that site.’
A relevant caravan site is one that is situated in the area of a local authority within whose area the land is situated and which is managed by a relevant site manager. Therefore, if a Gypsy or Traveller is encamped in the area of a district council, the site could be anywhere within the relevant county council area.
Section 62A(6) defines relevant site manager as:
a) a local authority within whose area the land is situated;
b) a registered social landlord.
The police officer or police officers involved must consult every local authority within whose area the land is situated as to whether there is a suitable pitch.
A person commits an offence (under section 62B(1)) if he/she:
a) fails to leave the land as soon as reasonably practicable; or
b) enters any land in the area of the relevant local authority as a trespasser before the end of the relevant period.
In a county council area, the relevant local authority will be the district council.
The relevant period is three months from the day on which the removal direction is given.
The statutory (i.e. substantive) defences are contained in section 62B(5) and are:
a) that they are not trespassing on the land; or
b) that they had a reasonable excuse for failing to leave the land as soon as reasonably practicable or for entering the land in the area of the local authority as a trespasser with the intention of residing there; or
c) that the Gypsy or Traveller was under the age of 18 and residing with his/her parent or guardian.
An important distinction between s61 and s62A-E is that in the former case ‘land’ does not include a highway but, in the latter case, it can include a highway.
It can be very difficult to challenge the police powers of eviction in general because of the very short deadlines for moving on given by the police in many cases. Since the police powers were first brought in by the Public Order Act 1986, Gypsy and Traveller campaigners have criticised their use since those subjected to them usually feel obliged to move, even if they feel the powers are being exercised unlawfully, since otherwise they face possible arrest and impoundment of their homes.
Section 77
These powers are only available to local authorities. They can be used against unauthorised occupiers in vehicles on any piece of land, even if not owned by the local authority, where the occupiers are residing without the consent of the owner or a person with an interest in the land.
Once a removal direction has been served, a person commits an offence (under section 77(3)) if he/she:
a) fails, as soon as practicable, to leave the land or to remove from the land any vehicle or other property which is subject to the direction; or
b) having left the land, again enters the land within a period of three months beginning with the day on which the direction is given.
The statutory (i.e. substantive) defence is provided by section 77(5):
‘It is a defence for the accused to show that his failure to leave or to remove the vehicle or other property as soon as practicable or his re-entry with the vehicle was due to illness, mechanical breakdown or other immediate emergency.’
