Traveller Evictions following Police, Crime, Sentencing & Courts Act 2022

The Police, Crime, Sentencing & Courts Act 2022 received Royal Assent on 28 April 2022. Part 4 sections 83 – 85 are regarding Unauthorised Encampments. This strengthened the traveller eviction law, and came into effect from Tuesday 28 June 2022

Sections 83 to 85: Unauthorised encampments

Section 83 introduces new sections - 60C to 60E into the Criminal Justice and Public Order Act 1994 (CJPOA), and sets out a new criminal offence relating to residing on land without consent, in or with a vehicle. This also gives the police seizure powers. Some existing powers already in CJPOA have also been changed to strengthen the provisions.

It has been stated by the Home Office:

The new Police powers though designed to help landlords have so far not been used very much.

In practice the police and local authorities often have not got the resources and the political will to use these very significant powers.

We have therefore found that the use of private bailiffs remains the quickest way to evict unauthorised encampments.

Summary of new police powers to remove unauthorised encampments

The legislation basically amends the current police powers on dealing with unauthorised encampments in the Criminal Justice and Public Order Act 1994.

1/ Section 60 of Criminal Justice and Public Order Act 1994

A new offence “residing on land without consent in or with a vehicle”.

60C Criminal Justice and Public Order Act 1994 makes it an offence to enter again without a reasonable excuse within 12 months.

Any adult will commit an offence if they reside or intend to reside on land without consent and:

• they intend to have or have at least one vehicle with them.
• one or more of the conditions in subsection 60C (4) are met; and
• they fail “as soon as reasonably practicable” to move when directed to by the owner, someone representing them or the police.

The conditions in subsection 60C (4) are that they cause or are “likely to cause” “significant damage or disruption” as a result of either residing or intending to reside on the land or their conduct or potential conduct whilst on the land.

“damage” includes damage to land, the environment or any property not belonging to the trespassers.

“disruption” means an interference with a person’s ability to access any services, facilities on the land, the water, energy supplies, fuel supply, agricultural buildings or monuments and archaeological areas.

The qualifying condition of ‘significant’ in 60C (4) means that a higher threshold must be met, which will ensure that their response remains proportionate to comply with amongst other things the Human Rights Act.

Each case will be assessed by the Police, and may include them looking at the impact on local communities from the following things:

1. Communities being prevented from accessing or using facilities, such as school sports fields, parks and car parks.
2. Property on the land or the land itself being damaged.
3. Forcing entry to the land causing damage to any goods or property on the land.
4. The environment being damaged, including excessive littering, fly tipping, excessive noise.
5. Interference with water, energy, or fuel supplies.
6. Impacting the ability of people to access businesses.
7. Occupiers being very verbally abuse or displaying very threatening behaviour.

2/ Section 61 of Criminal Justice and Public Order Act 1994

Section 84 amends Section 61 Criminal Justice and Public Order Act 1994, which currently gives the following powers:

It allows the senior officer present, if they reasonably believe that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, and that reasonable steps have been taken by or on behalf of the occupier to ask them to leave, to direct those in an unauthorised encampment to leave and:

(a) that any of those persons

(i) in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or

(b) in either case, that those persons have between them six or more vehicles on the land, he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.

“That reasonable steps have been taken” Section 61 relies in every case upon reasonable steps being taken, by or on behalf of the landowner, to ask trespassers to leave before police powers can be used.

By instructing private bailiffs to serve direction to leave and the bailiffs attempting to move them on under common law powers this should meet the requirement of reasonable steps.

Section 61 also increases the time limit imposed for them returning from three months to within twelve months.

This can only be used where the landowner can prove to the police that those in unauthorised encampments cause “damage, disruption or distress”.

It also authorises the police to remove unauthorised encampments on highways or parts of highways.

3/ Section 62A of Criminal Justice and Public Order Act 1994

This gives a senior police officer power to direct those in an unauthorised encampment to leave land if:

• there was one or more vehicles, the landowner or his agent had asked them to leave, and
• the local authority has suitable pitches for the caravans elsewhere within that local authority area.

If they fail to comply the police also have powers under section 62 and 62C, to seize their vehicles.

How will this help landowners?

The police have always been very reluctant to use the existing powers under of Criminal Justice and Public Order Act 1994, and The National Police Chiefs Council have issued guidance on dealing with unauthorised encampments.

It states that officers must consider the human rights and Equality Act 2010 protections of those in unauthorised encampments. Just because an unauthorised encampment is present without any additional aggravating factors it should not normally be a cause for police to exercise their eviction powers.

It says the police should “consider becoming involved in the removal of unauthorised encampments” when:

• There is a “significant” impact on the environment.
• There is local disruption to the economy. For example, the encampment is on a shopping centre car park, industrial estate or agricultural land.
• The behaviour of those in the encampment causes a “significant disruption to the local community”.
• There is a danger to life. For example, the encampment is on a motorway.
• There is a need to take action to prevent anti-social behaviour.

Therefore, the landowner will still have to resort to instructing Certificated Enforcement Agents Bailiffs in order to serve the unauthorised encampment notice and conduct their risk assessment for a supervised eviction.

At the same time the bailiff would gather evidence on their body worn video to provide to the police to prove that those in the unauthorised encampments are causing “damage, disruption or distress”. Therefore, if they do not move when being pressured by the bailiffs the police may exercise these powers to assist.

Conclusion

Whilst this may sound like a great idea the practicality in getting the police to use these powers will be difficult and always very slow.

The Police are still under funded and under resourced. Waiting around for days or even a week for the police to evict these unauthorised encampments for most landowners will not be an option they can afford.

There are likely to be many loopholes including claims they have been given permission, they own the land, they have broken down etc. All these strategies will of course only delay things a few days.

Please remember most of the people that occupy these unauthorised encampments travel. Therefore, they were never intending to stay anyway but by using the loopholes they get a few more days in that spot until they must leave and find another.

As to confiscation of their vehicles this is very unlikely to happen and at best is a mild deterrent. How many local authorities will have housing available to immediately house families when their place of residence is removed?

The quickest way to evict will always be by using the private sector bailiffs and High Court Enforcement Officers.

See our guide on evicting these unauthorised encampments.

We can help

Quality Bailiffs has over 25 years of experience in completing fast traveller eviction.

When you need the eviction of an unauthorised encampment contact Quality Bailiffs.

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