Home Secretary unveils legislative changes to tackle unauthorised encampments

The Home Secretary has announced a series of legislative amendments aimed at improving the effectiveness of enforcement against unauthorised traveller encampments.

In a written ministerial statement Sajid Javid said that the Government would look to amend:

• section 62A of the Criminal Justice and Public Order Act 1994 to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas. “Currently, the police can only direct trespassers to sites within the same local authority area. Extending this power would make it more likely that the police and local authorities could act where a shortage of site capacity exists”;
• sections 61 and 62A of the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed from land would be unable to return. “Currently, the power prohibits a trespasser from returning to the area of land for three months. We plan to extend this time period to twelve months. This would provide greater protection to land targeted by the same group of trespassers on a regular basis”;
• section 61 of the Criminal Justice and Public Order Act 1994 to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised. “The number is currently six or more. We would like to change this to two or more. This will increase the opportunity for police intervention and make it more difficult for trespassers to split into smaller groups to avoid enforcement”;
• section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway. “The police are currently restricted in dealing with these encampments unless there is a suitable pitch in the same local authority area. We would like to remove this restriction so that it is easier for the police to tackle problematic encampments.”

The announcement follows a Government consultation launched in April 2018.

The Home Secretary said a cross-Government response to the consultation would be issued in due course. However, he added that from an enforcement perspective, the consultation responses signalled clear calls for the Government to take action.

A further public consultation will soon be launched on the legislative measures he has announced.