Unauthorised Encampment: Amended Police Powers

Part 4 of the Police, Crime, Sentencing and Courts Act 2022 amended the Criminal Justice and Public Order Act 1994 to strengthen police powers over unauthorised encampments. The amendments create the offence of residing on land without consent in or with a vehicle (Section 60C), provided that:

• There is at least one vehicle (a caravan counts as a vehicle) on the land.
• The landowner, his representative or the police have asked that either the trespasser leaves the land or that he removes his property from the land, or both.
• The presence of the trespasser causes, or is likely to cause significant damage, distress or disruption or for the encampment to be on or partially on a public highway.

The powers of the police include:

• To seize property, including vehicles that belong to offender (Section 60D).
• For the senior officer at the scene to direct those in an unauthorised encampment to leave, if there are two or more people in the encampment and it consists of six or more vehicles (Section 61).
• For the senior officer at the scene to direct those in an unauthorised encampment to leave, if the encampment consists of one or more people and that there is at least one vehicle on the land. Where there is one or more caravan on the site, the police must work with local authorities to find a suitable pitch on a caravan site (Section 62A).
• The law applies in England, Wales and Scotland but the conditions under which the powers can be exercised are slightly different in Scotland compared with England and Wales.

Following the change to legislation, guidance from the National Police Chiefs' Council suggests that the police will exercise discretion in balancing the interests of landowners and trespassers and will work with others, including Local Authorities.