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Andy_Cundell 10 1.1k 5 England
19 Oct 2011 12:48PM
Taken from the Crown Prosecution Services website

Section 61 CJPOA (Stones: 8-24900) enables a police officer to direct trespassers on land to leave the land where the occupier has taken steps to ask them to do so.

Failure to obey a direction to leave or returning to the land as a trespasser within 3 months is AN OFFENCE.

Try coming and sitting in my back garden without my permission and see what happens, especially if I hand you the lawn mower and you refuse to cut the grass!

Andy
kaybee Plus
17 7.7k 26 Scotland
19 Oct 2011 1:04PM
Remember ........... Scottish and English laws are different as well.

Also causing damage is an offence ........... crushing the grass on you well manicured lawn could be contituted as damage
mikehit 11 8.0k 13 United Kingdom
19 Oct 2011 1:29PM
I will say again that you do not read your own references:


Quote:Section 61 CJPOA (Stones: 8-24900) enables a police officer to direct trespassers on land (who are there with the common purpose of residing there for any period) to leave the land where the occupier has taken steps to ask them to do so, and either:

they have damaged the land; or

they have used threatening, abusive or insulting behaviour to the occupier, the occupier's family, employees or agents; or
between them they have 6 or more vehicles on the land.
Failure to obey a direction to leave or returning to the land as a trespasser within 3 months is an offence.

(my boldening)

So the 'offence' is not trespass in itself, but either damaging the land (which is criminal trespass and by definition is a crime) or it is refusing to obey the direrctions of an officer of the law. Merely being on the land is not itself a crime. Nor is refusing to leave on request of the landowner.
Andy_Cundell 10 1.1k 5 England
19 Oct 2011 1:47PM
It is a criminal offence to trespass on certain types of land, for example, some military training land and railway land. In addition, it is an offence to trespass on a designated site. The Home Secretary may designate a site if it is Crown land or privately owned by the monarch or immediate heir to the Throne, or it is appropriate in the interests of national security.

Under the Criminal Justice and Public Order Act 1994, it is a criminal offence for two or more people to trespass on land if they have been requested to leave by the occupier of the land, or by someone acting on her/his behalf. This legislation is most commonly used by the police in relation to Gypsies and Travellers. The police can direct the trespassers to leave the land if:-

any or all of the trespassers has caused damage to the land or property on the land; or

any or all of the trespassers has used threatening, abusive or insulting behaviour or words towards the occupier, a member of her/his family, or her/his employee or agent; or

the trespassers have, among them, six or more vehicles on the land; or

there is a suitable pitch available on a caravan site in the local authority area.


If a person has been directed to leave the land by a police officer and s/he refuses to do so, or if s/he leaves but returns within three months, s/he commits the offence of criminal trespass.


This is quite an apt subject to discuss with the news that is happening as we type in a certain travellers camp!
adrian_w 13 3.8k 4 England
19 Oct 2011 2:51PM
So what happens if they are there but not causing damage or using threatening behaviour?
What constitutes causing damage? Leaving footprints?
mikehit 11 8.0k 13 United Kingdom
19 Oct 2011 3:06PM
Andy - I am still not sure what you are arguing here.
As far as the average householder is concerned - if a (one) person walks across my garden without causing damage have they committtee a criminal (as opposed to civil) offence?
if I ask them to leave and they do not, have they committeed a criminal act?

We know from your links that it is adifferent matter if there are multiple people, or if the police get involved. But what about these two steps?
Andy_Cundell 10 1.1k 5 England
20 Oct 2011 11:11AM
Im a stubborn type of person and I'm proving that I am right Wink
keithh 17 25.8k 33 Wallis And Futuna
20 Oct 2011 11:50AM
Where?
Andy_Cundell 10 1.1k 5 England
20 Oct 2011 2:23PM
You've gotton very tedious now, it's like trying to talk to a three year old. I'm bored of playing with you now..................bye
mikehit 11 8.0k 13 United Kingdom
20 Oct 2011 3:13PM
Will you at least answer my questions...pretty please Wink
keithh 17 25.8k 33 Wallis And Futuna
20 Oct 2011 3:15PM

Quote:You've gotton very tedious now, it's like trying to talk to a three year old. I'm bored of playing with you now..................bye


The Power of Irony
mikehit 11 8.0k 13 United Kingdom
20 Oct 2011 3:19PM
He wasn't trespassing was he? Cos I don't think anyone asked him to leave.

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