CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994
PART
V
PUBLIC ORDER: COLLECTIVE TRESPASS OR NUISANCE ON LAND
Powers to remove trespassers on land
61. (1) If the 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 ofthose persons has caused damage to the land or to
property on the 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) Where the persons in question are reasonably believed by the
senior police officer to be persons who were not originally trespassers but
have become trespassers on the land, the officer must reasonably believe that
the other conditions specified in subsection (1) are satisfied after those
persons became trespassers before he can exercise the power conferred by that
subsection.
(3) A direction under subsection (1) above, if not communicated
to the persons referred to in subsection (1) by the police officer giving the
direction, may be communicated to them 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 practicable,
or
(b) having left again enters the land as a trespasser within the
period ofthree 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 not 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.
(6) In proceedings for an offence under this section it is a
defence for the accused to show -
(a) that he was not trespassing on the land, or
(b) that he had a reasonable excuse for failing to leave the
land as soon as practicable or, as the case may be, for again entering the land
as a trespasser.
(7) In its application in England and Wales to common land this
section has effect as if in the preceding subsections of it-
(a) references to trespassing or trespassers were references to
acts and persons doing acts which constitute either a trespass as against the
occupier or an infringement ofthe commoners' rights; and
(b) references to "the occupier" included the commoners or any
of them or, in the case of common land to which the public has access, the
local authority as well as any commoner.
(8) Subsection (7) above does not-
(a) require action by more than one occupier; or
(b) constitute persons trespassers as against any commoner or
the local authority if they are permitted to be there by the other occupier.
"vehicle" includes -
(a) any vehicle, whether or not it is in a fit state for use
on roads, and includes any chassis or body, with or without wheels, appearing
to have formed part of such a vehicle, and any load carried by, and anything
attached to, such a vehicle; and
(b) a caravan as defined in section 29(1) ofthe Caravan Sites
and Control ofDevelopment Act 1960; and a person may be regarded for the
purposes of this section as having a purpose of residing in a place
notwithstanding that he has a home elsewhere.
62.(1) If a direction has been given under section 61 and a
constable reasonably suspects that any person to whom the direction applies
has, without reasonable excuse-
(a) failed to remove any vehicle on the land which appears to
the constable to belong to him or to be in his possession or under his control;
or
(b) entered the land as a trespasser with a vehicle within the
period ofthree months beginning with the day on which the direction was given,
the constable may seize and remove that vehicle.
(2) In this section, "trespasser" and "vehicle" have the same
meaning as in section 61.
Powers in relation to raves
63. (1) This section applies to a gathering on land in the open
air of 100 or more persons (whether or not trespassers) at which amplified
music is played during the night (with or without intermissions) and is such
as, by reason of its loudness and duration and the time at which it is played,
is likely to cause serious distress to the inhabitants of the locality; and for
this purpose-
(a) such a gathering continues during intermissions in the music
and, where the gathering extends over several days, throughout the period
during which amplified music is played at night (with or without
intermissions); and
(b) "music" includes sounds wholly or predominantly
characterised by the emission of a succession of repetitive beats.
(2) If, as respects any land in the open air, a police officer of
at least the rank of superintendent reasonably believes that -
(a) two or more persons are making preparations for the holding
there of a gathering to which this section applies,
(b) ten or more persons are waiting for such a gathering to
begin there, or
(c) ten or more persons are attending such a gathering which is
in progress, he may give a direction that those persons and any other persons
who come to prepare or wait for or to attend the gathering are to leave the
land and remove any vehicles or other property which they have with them on the
land.
(3) A direction under subsection (2) above, if not communicated
to the persons referred to in subsection (2) by the police officer giving the
direction, may be communicated to them by any constable at the scene.
(4) Persons shall be treated as having had a direction under
subsection (2) above communicated to them if reasonable steps have been taken
to bring it to their attention.
(5) A direction under subsection (2) above does not apply to an
exempt person.
(6) If a person knowing that a direction has been given which
applies to him-
(a) fails to leave the land as soon as reasonably practicable,
or
(b) having left again enters the land within the period of 7
days 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 not
exceeding three months or a fine not exceeding level 4 on the standard scale,
or both.
(7) In proceedings for an offence under this section it is a
defence for the accused to show that he had a reasonable excuse for failing to
leave the land as soon as reasonably practicable or, as the case may be, for
again entering the land.
(8) A constable in uniform who reasonably suspects that a person
is committing an offence under this section may arrest him without a
warrant.
"exempt person", in relation to land (or any gathering on
land), means the occupier, any member of his family and any employee or agent
of his and any person whose home is situated on the land;
"land in the open air" includes a place partly open to the air;
"local authority" means -
(a) in Greater London, a London borough council or the Common
Council of the City of London;
(b) in England outside Greater London, a district council or the
council of the Isles of Scilly;
(c) in Wales, a county council or county borough council; and
"occupier", "trespasser" and "vehicle" have the same meaning as
in section 61.
(11) Until 1 st April 1996, in this section "local authority"
means, in Wales, a district council.
64. (1) If a police officer of at least the rank of
superintendent reasonably believes that circumstances exist in relation to any
land which would justify the giving of a direction under section 63 in relation
to a gathering to which that section applies he may authorise any constable to
enter the land for any of the purposes specified in subsection (2) below.
(2) Those purposes are-
(a) to ascertain whether such circumstances exist; and
(b) to exercise any power conferred on a constable by section 63
or subsection (4) below.
(3) A constable who is so authorised to enter land for any
purpose may enter the land without a warrant.
(4) If a direction has been given under section 63 and a
constable reasonably suspects that any person to whom the direction applies
has, without reasonable excuse-
(a) failed to remove any vehicle or sound equipment on the land
which appears to the constable to belong to him or to be in his possession or
under his control; or
(b) entered the land as a trespasser with a vehicle or sound
equipment within the period of 7 days beginning with the day on which the
direction was given,
the constable may seize and remove that vehicle or sound
equipment.
(5) Subsection (4) above does not authorise the seizure of any
vehicle or sound equipment of an exempt person.
(6) In this section -
"exempt person" has the same meaning as in section 63;
"sound equipment" means equipment designed or adapted for
amplifying music and anysame equipment suitable for use in connection with such
equipment, and "music" has the meaning as in section 63; and
"vehicle" has the same meaning as in section 61.
65. (1) If a constable in uniform reasonably believes that a
person is on his way to a gathering to which section 63 applies in relation to
which a direction under section 63(2) is in force, he may, subject to
subsections (2) and (3) below-
(a) stop that person, and
(b) direct him not to proceed in the direction of the
gathering.
(2) The power conferred by subsection (1) above may only be
exercised at a place within 5 miles ofthe boundary ofthe site ofthe
gathering.
(3) No direction may be given under subsection (1) above to an
exempt person.
(4) If a person knowing that a direction under subsection (1)
above has been given to him fails to comply with that direction, he commits an
offence and is liable on summary conviction to a fine not exceeding level 3 on
the standard scale.
(5) A constable in uniform who reasonably suspects that a person
is committing an offence under this section may arrest him without a
warrant.
(6) In this section, "exempt person" has the same meaning as in
section 63.
66.(1) Where a person is convicted of an offence under section 63
in relation to a gathering to which that section applies and the court is
satisfied that any sound equipment which has been seized from him under section
64(4), or which was in his possession or under his control at the relevant
time, has been used at the gathering the court may make an order for forfeiture
under this subsection in respect of that property.
(2) The court may make an order under subsection (1) above
whether or not it also deals with the offender in respect of the offence in any
other way and without regard to any restrictions on forfeiture in any
enactment.
(3) In considering whether to make an order under subsection (1)
above in respect ofany property a court shall have regard-
(a) to the value of the property; and
(b) to the likely financial and other effects on the offender of
the making of the order (taken together with any other order that the court
contemplates making).
(4) An order under subsection (1) above shall operate to deprive
the offender of his rights, if any, in the property to which it relates, and
the property shall (if not already in their possession) be taken into the
possession of the police.
(5) Except in a case to which subsection (6) below applies,
where any property has been forfeited under subsection (1) above, a
magistrates' court may, on application by a claimant of the property, other
than the offender from whom it was forfeited under subsection (1) above, make
an order for delivery of the property to the applicant if it appears to the
court that he is the owner ofthe property.
(6) In a case where forfeiture under subsection (1) above has
been by order of a Scottish court, a claimant such as is mentioned in
subsection (5) above may, in such manner as may be prescribed by act of
adjournal, apply to that court for an order for the return of the property in
question.
(7) No application shall be made under subsection (5), or by
virtue of subsection (6), above by any claimant of the property after the
expiration of 6 months from the date on which an order under subsection (1)
above was made in respect ofthe property.
(8) No such application shall succeed unless the claimant
satisfies the court either that he had not consented to the offender having
possession of the property or that he did not know, and had no reason to
suspect, that the property was likely to be used at a gathering to which
section 63 applies.
(9) An order under subsection (5), or by virtue of subsection
(6), above shall not affect the right of any person to take, within the period
of 6 months from the date of an order under subsection (5), or as the case may
be by virtue of subsection (6), above, proceedings for the recovery of the
property from the person in possession of it in pursuance of the order, but on
the expiration of that period the right shall cease.
(10) The Secretary of State may make regulations for the
disposal ofproperty, and for the application of the proceeds of sale of
property, forfeited under subsection (1) above where no application by a
claimant of the property under subsection (5), or by virtue of subsection (6),
above has been made within the period specified in subsection (7) above or no
such application has succeeded.
(11) The regulations may also provide for the investment of
money and for the audit of accounts.
(12) The power to make regulations under subsection (10) above
shall be exercisable by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of Parliament.
(13) In this section-
"relevant time", in relation to a person- (a) convicted in
England and Wales of an offence under section 63, means the time of his arrest
for the offence or of the issue of a summons in respect of it;
(b) so convicted in Scotland, means the time of his arrest for,
or of his being cited as an accused in respect of, the offence; "sound
equipment" has the same meaning as in section 64
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