Section 61 - Know Your Rights
Criminal Justice and Public Order Act 1994
Part V. Public Order: Collective trespass or nuisance on land
Powers to remove trespassers on land
Section 61. Powers to remove trespassers on land
(1) If a senior police officer present at the scene reasonably believes that
two or more persons are trespassing on land and are present there with the
common purpose of residing there for any period, that reasonable steps have
been taken by or on behalf of the occupier to ask them to leave and-
(a) that any of those persons has caused damage to the land or to property
on that 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) 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.
[ (2) applies (1) to persons who become trespassers if the other conditions
apply ]
(3) A direction under subsection (1) .... may be communicated by any
constable at the scene.
(4) If a person knowing that a direction under subsection (1) above has been
given which applies to him-
(a) fails to leave the land as soon as reasonably practical, or
(b) having left again enters the land as a tresspasser within the period of
three months 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 ot exceeding three months or a fine not exceeding level 4 on the
standard scale, or both.
(5) A constable in uniform who reasonably suspects that a person is
committing an offence under this section may arrest him without a warrant. |
