PART 4Unauthorised encampments
I184Amendments to existing powers
1
The Criminal Justice and Public Order Act 1994 is amended as follows.
2
3
In subsection (1)—
a
in paragraph (a), after “persons” insert
—
i
in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10));
ii
in the case of persons trespassing on land in Scotland,
b
at the beginning of paragraph (b) insert “in either case,”
.
4
In subsection (4)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”
.
5
After subsection (4) insert—
4ZA
The prohibited period is—
a
in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;
b
in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.
6
In subsection (9), in the definition of “land”, in paragraph (b)—
a
in the words before sub-paragraph (i), after “land” insert “in Scotland”
, and
b
omit sub-paragraph (i) (together with the final “or”).
7
After subsection (9) insert—
10
For the purposes of subsection (1)(a)(i)—
“damage” includes—
- a
damage to the land;
- b
damage to any property on the land not belonging to the persons trespassing;
- c
damage to the environment (including excessive noise, smells, litter or deposits of waste);
“disruption” includes an interference with—
- a
a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, or
- b
a supply of water, energy or fuel;
“distress” means distress caused by—
- a
the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
- b
the display of any writing, sign, or other visible representation that is threatening, abusive or insulting.
8
In section 62 (powers to seize property related to offence under section 61)—
a
in subsection (1)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”
, and
b
after subsection (1) insert—
1A
The prohibited period is—
a
in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;
a
in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.
9
In section 62B(2) (failure to comply with direction under section 62A: offences) for “3” substitute “twelve”
.
10
In section 62C(2) (failure to comply with direction under section 62A: seizure) for “3” substitute “twelve”
.
11
In section 68(5) (offence of aggravated trespass), for paragraph (a) substitute—
a
a highway unless it is a footpath, bridleway or byway open to all traffic within the meaning of Part 3 of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000 or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984;
aa
a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; or