Criminal Trespass and Outdoor Gatherings

Question 1

Criminal trespass or nuisance on land offences are described under what legislation?

Answer 1

s 61(1) of the Criminal Justice and Public Order Act 1994.

Question 2

Criminal trespass or nuisance on land offences occur when:

Answer 2

At least two suspects must be planning to live on the land for a period of time and they must have been asked to leave by the owner or legal occupier.

In addition, suspects may have either:

• Caused damage to land or property, or used threatening, abusive or insulting words or behaviour towards occupier, a member of their family or an employee/ agent of theirs.
• Have 6 or more vehicles with them on the land (includes caravans and unroad worthy vehicles).

Question 3

Criminal trespass or nuisance on land offences

What does s 62 of the Criminal Justice and Public Order Act 1994 provide the power to do?

Answer 3

If trespassers will not leave, police can seize and remove their vehicles.

This also applies if a person fails to remove any vehicle on the land, or leaves and returns within three months (s 62(1)).

Question 4

Criminal trespass or nuisance on land offences

It is an offence when…

Answer 4

(s 61(4)) for a person to fail to leave as soon as is reasonable practicable, or to leave and then re-enter within three months.

Question 5

Criminal trespass or nuisance on land offences

Penalties

Answer 5

Triable summarily and the penalty is three months imprisonment and/or a fine.

Question 6

Aggravated trespass on land

What legislation cover trespassers who disrupt or obstruct any lawful activity taking place on land or adjoining land?

Answer 6

Sections 68 and 69 of the Criminal Justice and Public Order Act 1994

Question 7

What do Sections 68 and 69 of the Criminal Justice and Public Order Act 1994 cover?

Answer 7

Trespassers who disrupt or obstruct any lawful activity taking place on land or adjoining land.

Question 8

Aggravated trespass on land

Sections 68 and 69 of the Criminal Justice and Public Order Act 1994

Penalties

Answer 8

Three months imprisonment and/ or a fine

Question 9

A senior officer at the scene of aggravated trespass on land has the power to do what?

He/she must reasonably believe what?

Answer 9

Direct a person to leave the land (s 69 of the Criminal Justice and Public Order Act 1994).

• The person is committing (or has committed or intends to commit) an aggravated trespass; or
• More than one person is trespassing, and they intend to intimidate other people there who have a right to be there, and deter or obstruct them from lawful activity.

Question 10

Aggravated trespass on land

Under 69(3), it is an offence…

Answer 10

for a person who has been directed to leave if he/she fails to leave the land as soon as practicable, or having left, returns as a trespasser within 3 months.

Question 11

Aggravated trespass on land

Penalties

Answer 11

Triable summarily and the penalty is three months imprisonment and/or a fine.

Question 12

Open-air gatherings with music at night

Complaints about larger gatherings in the open air may sometimes require police action.

What legislation is used for this?

Answer 12

Sections 63, 64 and 65 of the Criminal Justice and Public Order Act 1994 can be used to deal with such situations.

Question 13

Open-air gatherings with music at night

The type of gathering (open air rave) is defined…

Answer 13

in 63 as more than 20 people must be present out of doors at night with amplified music with repetitive beats.

The music must be loud or go on for a long time, and be ‘likely to cause serious distress to local residents’.

Question 14

Open-air gatherings with music at night

Sections 63, 64 and 65 of the Criminal Justice and Public Order Act 1994 gives police the power to do what at illegal open-air gatherings with music at night?

Answer 14

Give directions to people present.

Question 15

Open-air gatherings with music at night

What people cannot be given directions (predictable excemptions) under ss 63-65?

Answer 15

The occupier of the land or any of their family.

Any agent or employee of the occupier.

Any person whose home is situated on the land.

Question 16

Dispersal powers for open-air gatherings with music at night

Answer 16

A power is available to disperse people (ten or more) who are at a gathering with music at night, or waiting together at the location for such an event to start (s 63(2)). It also applies for 2 or more people who are making preparations for such an event.

Rank must be superintendent (or communicated on their behalf by constable on scene).

Question 17

Dispersal powers for open-air gatherings with music at night

a police officer of at least the rank of superintendent reasonably believes that—

Answer 17

(a) two or more persons are making preparations for the holding there of a gathering to which this section applies,
(b) ten or more persons are waiting for such a gathering to begin there, or
(c) ten or more persons are attending such a gathering which is in progress,

Question 18

Open-air gatherings with music at night

If a person knowing that a direction has been given which applies to him—

Answer 18

(s 63(6))

(a) fails to leave the land as soon as reasonably practicable, or
(b) having left again enters the land within the period of 7 days beginning with the day on which the direction was given,

he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

Question 19

Open-air gatherings with music at night

(7A)A person commits an offence if—

Answer 19

(7A)A person commits an offence if—

(a) he knows that a direction under subsection (2) above has been given which applies to him, and
(b) he makes preparations for or attends a gathering to which this section applies within the period of 24 hours starting when the direction was given.

Question 20

Open-air gatherings with music at night

Penalties

Answer 20

Triable summarily and the penalty is three months imprisonment and/or a fine.

Question 21

What legislation provides powers to direct persons to desist from proceeding towards a gathering to which s 63 applies?

Answer 21

Section 65 of the Criminal Justice and Public Order Act 1994.

Police officer must be in uniform and within five miles of the gathering.

To not comply is a summary offence - penalty = fine.

Question 22

What legislation provides powers of entry and seizure when dealing with open-air gatherings with music at night?

Answer 22

Section 64 of the Criminal Justice and Public Order Act 1994.

If a police officer of at least superintendent reasonably believe the relevant circumstances exist then they may authorise a constable to enter the land (s 64(1)).

A warrant is not required

Question 23

Squatting in a residential building laws and legislations?

Answer 23

It is an offence for a trespasser in a ‘residential building’ to live or intent to live there for a period of time (s 144(1)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Person must have entered as a trespasser, and the means of entry be such they he/ she must know they were trespassing (s 144(1)).

A building includes temporary or moveable stricture or part of a structure, and is residential if it was defined or adapted as a place to live before time of entry (s 144(3)).

Question 24

Squatting in a residential bulling laws and legislations

Is it an offence if a person stays on in a residential building after the end of a lease or licence?

Answer 24

No - The offence does not apply if the person stays on a after the end of a lease or licence (s 144(2)).

Question 25

Squatting in a residential bulling laws and legislations

Police Powers

Answer 25

Officer in uniform has the power (s 17 of the PACE Act 1984) to enter and search premises to arrest a person for this offence.

Question 26

Squatting in a residential bulling laws and legislations

Penalties

Answer 26

Triable summarily and the penalty is six months imprisonment and/or a fine.

Question 27

Police involvement in civil trespass

Police officers will frequently be called to incidents where a person unlawfully enters land or premises owned by another (civil trespass). Is this a criminal offence?

Answer 27

No - the trespasser may become criminally liable if, for example, the act and/ or the intent amount to criminal trespass, burglary, or living or intending to live in a residential building for any period of time.

Question 28

Police involvement in civil trespass

At an incident where civil trespass is alleged, a police officer should:

Answer 28

Locate owner and speak to establish circumstances, identify trespassers and location, and if any criminal acts have taken place. If none, limitation of police involvement emphasised.

Locate alleged trespassers and seek to establish identity (should they wish) and any claim to lawful entry (help owner and trespassers reach common understanding). Officer should explain if they commit a criminal offence or breach of the peace, they may be liable to arrest and prosecution, and the owner can obtain an order from a civil court to eject them.

Attempt to bring an amicable agreement between parties, if no criminal offences committed.

Remain at incident if it seems criminal offences may have been committed.

May a full PNB entry of dialogue.