Trespass and Nuisance on Land: The Criminal Justice and Public Order Act 1994 - Tables of Offences involving Trespass
- Section 60C(2) & (5)
- Section 61(4)
- Section 62B
- Section 63
- Section 65
- Section 68
- Section 69
- Section 70 – (s.14B(1) of the Public Order Act 1986 (“POA”))
- Section 70 – (s.14B(2) POA)
- Section 70 – (s.14B(3) POA)
- Section 71 – (s.14C POA)
- Section 76
- Section 77
- Section 78
Section 60C(2) & (5) – in force from 28 June 2022
Subject | Consideration |
---|---|
Offence | Offence relating to residing on land without consent in or with a vehicle Note that the offence can be committed by residing on the land and having a vehicle on the land; or by intending to do so. So the mens rea and actus reus will depend on the circumstances. |
Mens rea | Under subsection (1)(a), where P is not already residing on the land, P intends to reside, on land without the consent of the occupier of the land. Under subsection (1)(b), where P does not already have a vehicle on the land, P intends to have at least one vehicle with them on the land. Under subsection (2)(b)(i), intends reside on the land without the consent of the occupier of the land. Under subsection (2)(b)(ii), where P does not already have a vehicle on the land, intends to have at least one vehicle with them on the land. |
Actus reus | Under subsection (1)(a), residing on land without the consent of the owner. Under subsection (1)(b), has at least one vehicle with them on the land. Under subsection (2), fails to comply with the request to leave the land or remove property that is in P’s possession or under P’s control from the land to as soon as reasonably practicable. OR enters or re-enters) the land within the prohibited period (12 months from the day on which the request was made); and has at least one vehicle with them on the land. |
Statutory defences | Under subsection 6 it is a defence for the accused to show that the accused had a reasonable excuse for — failing to comply as soon as reasonably practicable with the request mentioned in subsection (1)(d), OR after receiving such a request, entering (or re-entering) the land with the intention of residing there without the consent of the occupier of the land. |
Preconditions | The person is 18 or over. One or more of the conditions in subsection (4) is satisfied. These are:
The occupier, a representative of the occupier or a constable requests P to do either or both of the following:
|
Allocation | Summary only |
Penalty | 3 months' prison and/or a level 4 fine |
Comments | Prosecutors should note the Home Office statutory guidance on Unauthorised encampments June 2022, which contains guidance on this new offence and amendments to other offences. This includes a non-exhaustive list of the types of circumstances that may amount to significant damage, disruption, or distress. The person must be residing in or intending to reside in, or with, a vehicle. This means that the provisions do not capture ramblers or prevent those who wish to enjoy the countryside from doing so. Subsection 8 contains a number of definitions, including for “damage”, disruption”, “offensive conduct” and “vehicle”. s.60D provides the police with a power to seize and remove property that appears to belong to the person who the constable suspects has committed the offence, and is in their possession or under their control. Under new s.60E seized property can be forfeited and dealt with in a manner specified by order of the court which convicts P of an offence under s.60C. |
Section 61(4) – note that s.61 is amended from 28 June 2022
Subject | Consideration |
---|---|
Offence | Failing to comply with police direction to leave land |
Mens rea | Knowing that a direction to leave applies to them |
Actus reus | Fails to leave as soon as reasonably practicable OR Returns within 3 months Returns within 12 months from 28 June 2022 |
Statutory defences | D was not trespassing; Reasonable excuse |
Preconditions | The order to leave can only be made by a senior police officer present at the scene and they must reasonably believe the following:
From 28 June 2022 these conditions are broadened to include where the person has caused damage, disruption or distress, which are defined in subsection 10. |
Allocation | Summary only |
Penalty | 3 months’ prison and/or a level 4 fine |
Comments | “Land” does not include buildings other than agricultural buildings or scheduled monuments and does not include land forming part of highways or roads: s61(9). From 28 June 2022, s.61(9) is amended so that “land” does include land that forms part of a highway. |
Section 62B
Subject | Consideration |
---|---|
Offence | Failure to comply with a direction under s.62A to leave land: alternative site available. |
Mens rea | Knowing that a direction under s.62A applies to them |
Actus reus | Fails to leave as soon as reasonably practicable OR Returns within 3 months. Returns within 12 months from 28 June 2022. |
Statutory defences | D was not trespassing; Reasonable excuse |
Preconditions | The order to leave (and remove property) can only be made by a senior police officer present at the scene and they must reasonably believe the following:
|
Allocation | Summary only |
Penalty | 3 months’ prison and/or a level 4 fine |
Comments | If the trespassers have caravans with them then before making the direction the senior police officer must consult every local authority within whose area the land falls to find out whether there is a suitable alternative pitch: s.62A(5). |
Section 63
Subject | Consideration |
---|---|
Offence | Failure to comply with a direction to leave land: attending or preparing for a rave. |
Mens rea | Knowing that a direction applies to them |
Actus reus | Fails to leave land as soon as reasonably practicable OR Returns within 7 days. |
Statutory defences | Reasonable excuse; “Exempt person” (defined in sub-section (10).) |
Preconditions | The direction may only be given by an officer of the rank of superintendent or above who must reasonably believe that:
|
Allocation | Summary only |
Penalty | 3 months’ prison and/or a level 4 fine |
Comments | See sub-sections (1) and (1A) for what constitutes a rave. Where the rave is in the open air (sub-section (1)) the persons on the land need not be trespassers. Where it is not in the open air it only applies if the persons are trespassers (sub- section (1A)). The officer making the direction need not be “present at the scene” and it can be conveyed to the persons by any constable who is present. |
Section 65
Subject | Consideration |
---|---|
Offence | Failing to comply with a direction not to proceed to a rave. |
Mens rea | Knowing that a direction not to proceed in the direction of a rave was given to them. |
Actus reus | Fails to comply with that direction |
Statutory defences | Exempt person (as defined in s.63(10)) |
Preconditions | A direction may only be given by a constable in uniform who must be within 5 miles of the site of the rave and must reasonably believe that the person to whom he gives it is on their way to the rave. |
Allocation | Summary only |
Penalty | Level 3 fine |
Comments | No content in this cell |
Section 68
Subject | Consideration |
---|---|
Offence | Aggravated trespass |
Mens rea | Intentionally and with intention to intimidate, obstruct or disrupt the lawful activity of others. |
Actus reus | While trespassing does an act |
Statutory defences | No content in this cell |
Preconditions | No content in this cell |
Allocation | Summary only |
Penalty | 3 months’ prison and/or a level 4 fine |
Comments | “Lawful activity” is defined in sub- section (2) and briefly is anything which does not constitute an offence or a trespass. “Land” includes buildings: DPP v Chivers [2010] EWHC 1814 (Admin). The acts relied on need not be illegal in themselves. Provided it is carried out with the requisite intention (intimidation etc.) any act may fulfil the criterion for the offence. Taking part in a mass invasion of a store and controlling it by force of numbers was enough to constitute an act which was separate from the trespass for the purposes of s.68: Edward Bauer & Ors v DPP [2013] EWHC 634 (Admin). Note that it not necessary that intimidation etc. actually be caused by the act (or even be likely). It is only necessary to prove the intention. |
Section 69
Subject | Consideration |
---|---|
Offence | Failing to comply with a direction: aggravated trespass |
Mens rea | Knowing that a direction applies to them |
Actus reus | Fails to leave as soon as reasonably practicable OR Returns within 3 months |
Statutory defences | Not trespassing; Reasonable excuse |
Preconditions | The direction may only be given by a senior police officer present at the scene who must reasonably believe:
|
Allocation | Summary only |
Penalty | 3 months’ prison and/or a level 4 fine |
Comments | No content in this cell |
Section 70 – (s.14B(1) of the Public Order Act 1986 (“POA”))
Subject | Consideration |
---|---|
Offence | Organising a trespassory assembly |
Mens rea | Knowing that an order exists prohibiting the assembly |
Actus reus | Organises the assembly |
Statutory defences | No content in this cell |
Preconditions | An order prohibiting the assembly may be made either by the local council (on the application of the chief officer of police) or by the Commissioners of City of London or Metropolitan Police (with the consent of the Secretary of State.) 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 community or significant damage to property of historical, architectural, archaeological or scientific importance. |
Allocation | Summary only |
Penalty | 3 months' prison and/or a level 4 fine |
Comments | s.70 inserts s.14A and 14B (the power to prohibit trespassory assemblies and the offences of breaching the prohibition) into the POA. |
Section 70 – (s.14B(2) POA)
Subject | Consideration |
---|---|
Offence | Taking part in a prohibited assembly |
Mens rea | Knowing that an order exists prohibiting the assembly |
Actus reus | Takes part |
Statutory defences | No content in this cell |
Preconditions | An order prohibiting the assembly may be made either by the local council (on the application of the chief officer of police) or by the Commissioners of City of London or Metropolitan Police (with the consent of the Secretary of State.) 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 community or significant damage to property of historical, architectural, archaeological or scientific importance. |
Allocation | Summary only |
Penalty | Level 3 fine |
Comments | s.70 inserts s.14A and 14B (the power to prohibit trespassory assemblies and the offences of breaching the prohibition) into the POA. |
Section 70 – (s.14B(3) POA)
Subject | Consideration |
---|---|
Offence | Inciting another knowingly to take part in a prohibited assembly |
Mens rea | Knowing that an order exists prohibiting the assembly |
Actus reus | Incites the other to commit the offence |
Statutory defences | No content in this cell |
Preconditions | An order prohibiting the assembly may be made either by the local council (on the application of the chief officer of police) or by the Commissioners of City of London or Metropolitan Police (with the consent of the Secretary of State.) 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 community or significant damage to property of historical, architectural, archaeological or scientific importance. |
Allocation | Summary only |
Penalty | 3 months' prison and/or a level 4 fine. |
Comments | s.70 inserts s.14A and 14B (the power to prohibit trespassory assemblies and the offences of breaching the prohibition) into the POA. |
Section 71 – (s.14C POA)
Subject | Consideration |
---|---|
Offence | Failing to comply with a direction: trespassory assembly. |
Mens rea | Knowing a direction has been given to them not to proceed to a trespassory assembly. |
Actus reus | Fails to comply. |
Statutory defences | No content in this cell |
Preconditions | A direction may only be given by a constable in uniform who must reasonably believe that the person is on their way to a prohibited assembly. |
Allocation | Summary only |
Penalty | Level 3 fine |
Comments | Inserted into the POA by s71. |
Section 76
Subject | Consideration |
---|---|
Offence | Trespassing during the currency of an interim possession order (“IPO”) |
Mens rea | No content in this cell |
Actus reus | Being present on premises as a trespasser where an IPO has been made or returning to the premises after it expires but within 1 year of its being served. |
Statutory defences | Left the premises within 24 hours of service of the IPO and did not return; No copy of the IPO was fixed to the premises. |
Preconditions | The IPO must have been served in accordance with the rules of the court. |
Allocation | Summary only |
Penalty | 6 months' prison &/or a level 5 fine |
Comments | See s.12 CLA for definition of “premises” (briefly includes any building and the land belonging to it.) |
Section 77
Subject | Consideration |
---|---|
Offence | Unauthorised camper failing to comply with direction to leave |
Mens rea | Knowing that a direction applies to them |
Actus reus | Fails to leave and remove any vehicles as soon as practicable OR Returns within 3 months |
Statutory defences | Non-compliance was due to illness, mechanical breakdown or other emergency. |
Preconditions | The direction may be made by the local authority for the area if it appears to them that people are residing in vehicles on land on the highway, other unoccupied land or occupied land without the occupier’s consent. It must then be served on the persons it applies to. |
Allocation | Summary only |
Penalty | Level 3 fine |
Comments | See s.12 CLA for definition of “premises” (briefly includes any building and the land belonging to it.) |
Section 78
Subject | Consideration |
---|---|
Offence | Obstructing local authority officer exercising a power to remove unauthorised campers. |
Mens rea | Wilfully |
Actus reus | Obstructs a person acting on behalf of the local authority exercising a power granted by the magistrates following a s77 direction (above). |
Statutory defences | No content in this cell |
Preconditions | The local authority may obtain an order on complaint to the magistrates’ court that a s77 direction is not being complied with. The order may authorise the local authority to enter the land and remove vehicles or other property. The local authority must give 24 hours’ notice of their intention. |
Allocation | Summary only |
Penalty | Level 3 fine |
Comments | No content in this cell |