Traveller Evictions and the Police, Crime, Sentencing & Courts Bill 2021

Travellers at Warehouse

The new Police powers to remove unauthorised encampments are unlikely to benefit many landowners. Use of private bailiffs will remain the quickest way to evict unauthorised encampments.

The relevant parts of this new legislation to traveller eviction or removal of unauthorised encampments is (Part 4). - Police, Crime, Sentencing & Courts Bill 2021

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 and it would then make 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.

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

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

It allows senior officers to direct those in an unauthorised encampment to leave land if:

their encampment consists of six or more vehicles; or
the landowner has taken reasonable steps to ask them to move and they have caused damage to the land/ property or have used threatening, abusive or insulting behaviour to the landowner, their family or employees.

It makes a change to the number of vehicles that have to be present before the police can get involved from 6 to 2. It also increases the time limit imposed for them returning from 3 months to within twelve months.

It 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 gave 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 have suitable pitches for the caravans elsewhere within that local authority area.

If they failed 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 nut 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.