|
|
|
|
|
|
|
|
|
|
|
|
create
an offence of criminal trespass with a vehicle; and for connected
|
|
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
|
|
consent of the Lords Spiritual
and Temporal, and Commons, in this present |
|
|
Parliament assembled, and
by the authority of the same, as follows:— |
|
|
1 |
Offences
relating to entering and occupying land without consent |
|
|
(1) |
The Criminal
Justice and Public Order Act 1994 (c. 33) is amended
as follows. |
|
|
(2) |
After section 62E there is
inserted— |
|
|
“62F |
Offences
relating to entering and occupying land without consent |
|
|
(1) |
In this Act, except where
the context otherwise requires— |
|
5 |
“chief officer of
police”, in relation to any locality, means the chief |
|
|
officer of police for the
police area in which the locality is |
|
|
|
|
“consent duly given”
means consent given by— |
|
|
(a) |
in the case of lands
referred to in subsection (2)(a), the |
|
10 |
|
|
(b) |
in the case of lands
referred to in subsection (2)(b), the |
|
|
|
|
(c) |
in any other case,
the owner concerned; |
|
|
“local authority”
means a county council, a city council or a town |
|
15 |
council for the purposes
of the Local Government Act 1972
|
|
|
|
|
“vehicle” includes
caravans and trailers; |
|
|
|
|
(a) |
in relation to land,
the person lawfully entitled to— |
|
20 |
|
|
(ii) |
the immediate use and
enjoyment, |
|
|
|
of the land as the
owner, lessee, or otherwise, or any |
|
|
person acting on behalf
of that person; |
|
|
|
|
|
|
|
|
|
|
|
(b) |
in
relation to land referred to in paragraph (a) or (b) of |
|
|
subsection (2), the
relevant statutory body or trustees, as |
|
|
|
|
|
|
(a) |
the Secretary of State, |
|
5 |
(b) |
a local authority,
or |
|
|
(c) |
any other body established— |
|
|
(i) |
by or under any enactment
(other than the |
|
|
Companies
Act 1985 (c. 6) and the Companies
|
|
|
|
10 |
(ii) |
under the Companies
Acts 1985 and 1989 in |
|
|
pursuance
of powers conferred by or under |
|
|
another
enactment, and financed wholly or |
|
|
partly
by means of moneys provided, or loans |
|
|
made
or guaranteed, by the Secretary of State or |
|
15 |
the
issue of shares held by or on behalf of the |
|
|
Secretary
of State, and subsidiary of any such |
|
|
|
|
(2) |
In this Act a reference
to land includes— |
|
|
(a) |
land provided or maintained
by a statutory body primarily for |
|
20 |
the
amenity or recreation of the public or any class of persons |
|
|
(including
any park, open space, car park, playing field or other |
|
|
space
provided for recreational, community or conservation |
|
|
purposes)
or land within the curtilage of any public building, |
|
|
(b) |
land held by trustees for
the benefit of the public or any class of |
|
25 |
|
|
(c) |
land covered by water. |
|
|
(3) |
A person, without the duly
given consent of the owner, shall not bring |
|
|
onto
or place on any land any vehicle where such entry or occupation
|
|
|
or
the bringing onto or placing on the land of such vehicle is likely
to— |
|
30 |
(a) |
substantially damage the
land, |
|
|
(b) |
substantially and prejudicially
affect any amenity in respect of |
|
|
|
|
(c) |
prevent persons entitled
to use the land or any amenity in |
|
|
respect
of the land from making reasonable use of the land or |
|
35 |
|
|
(d) |
otherwise render the land
or any amenity in respect of the land, |
|
|
or
the lawful use of the land or any amenity in respect of the |
|
|
land,
unsanitary or unsafe, or |
|
|
(e) |
substantially interfere
with the land, any amenity in respect of |
|
40 |
the
land, the lawful use of the land or any amenity in respect of
|
|
|
|
|
(4) |
A person who contravenes
subsection (3) shall be guilty of an offence. |
|
|
(5) |
Where a constable in uniform
has reason to believe that a person is |
|
|
committing
or has committed an offence under subsection (3) the |
|
45 |
|
|
(a) |
may demand of the person
his or her name and address, |
|
|
(b) |
may direct the person to
leave the land concerned and to |
|
|
remove
from the land any vehicle that belongs to the person or |
|
|
that
is under his or her control, and |
|
50 |
|
|
|
|
|
|
|
(c) |
shall
inform the person of the nature of the offence in respect of |
|
|
which
it is suspected that person has been involved and the |
|
|
statutory
consequences of failing to comply with a demand or |
|
|
direction
under this subsection. |
|
|
|
5 |
(a) |
refuses or fails to give
his or her name and address to a |
|
|
constable
in uniform when demanded under subsection (5), or |
|
|
gives
to the member a name or address that is false or |
|
|
|
|
(b) |
fails to comply with a direction
under that section, |
|
10 |
|
he
or she shall be guilty of an offence. |
|
|
(7) |
A constable in uniform may
arrest without warrant a person— |
|
|
(a) |
who fails or refuses to
give his or her name and address when |
|
|
demanded
under subsection (5)(a) or gives a name or address |
|
|
which
the constable has reasonable grounds for believing is |
|
15 |
|
|
(b) |
who fails to comply with
a direction given under subsection |
|
|
|
|
(c) |
whom he finds committing
an offence under subsection (3). |
|
|
(8) |
Any person who obstructs
or impedes or assists a person to obstruct or |
|
20 |
impede
a constable in uniform in the execution of his or her duty under
|
|
|
this
section shall be guilty of an offence. |
|
|
62G |
Removal,
storage and return of vehicles |
|
|
(1) |
Where a person fails to
comply with a direction under section 62F(5)(b) |
|
|
above,
a constable in uniform may remove or cause to be removed any |
|
25 |
vehicle
which the constable has reason to believe was brought onto or
|
|
|
placed
on the land in contravention of section 62F(3) above and may |
|
|
store
or cause to be stored such object so removed. |
|
|
(2) |
Where a vehicle has been
removed under this section without the |
|
|
presence
or knowledge of any person claiming to own, occupy, control |
|
30 |
or
otherwise retain it, the chief officer of police shall serve or
cause to |
|
|
be
served upon each such person whose name and address can be |
|
|
ascertained
by reasonable enquiry, a notice informing the person where |
|
|
the
vehicle may be claimed and recovered, requiring the person to
|
|
|
claim
and recover it within one month of the date of service of the
|
|
35 |
notice
and informing him or her of the statutory consequences of his
or |
|
|
|
|
(3) |
A vehicle removed and stored
under this section shall be given to a |
|
|
person
claiming possession of the vehicle if, but only if, he or she
makes |
|
|
a
declaration in writing that he or she is the owner of the vehicle
or is |
|
40 |
authorised
by its owner to claim it or is, for a specified reason, |
|
|
otherwise
entitled to possession of it and, at the discretion of the chief
|
|
|
officer
of police, the person pays the amount of any expenditure |
|
|
reasonably
incurred in removing and storing the vehicle. |
|
|
(4) |
The chief officer of police
may dispose of, or cause to be disposed of, a |
|
45 |
vehicle
removed and stored under this section if— |
|
|
(a) |
the owner of the vehicle
fails to claim it and remove it from the |
|
|
place
where it is stored within one month of the date on which |
|
|
a
notice under subsection (2) above was served on him or her, or |
|
|
|
|
|
|
|
|
|
(b) |
the
name and address of the owner of the vehicle cannot be |
|
|
ascertained
by reasonable enquiry. |
|
|
(5) |
Where the chief officer
of police becomes entitled to dispose of or cause |
|
|
to
be disposed of a vehicle under subsection (4) and the vehicle
is, in his |
|
|
or
her opinion, capable of being sold, the chief officer of police
shall be |
|
5 |
entitled
to sell or cause to be sold the vehicle for the best price |
|
|
reasonably
obtainable and upon doing so shall pay or cause to be paid |
|
|
to
the person who was the owner of the vehicle at the time of its
|
|
|
removal,
where the name and address of the owner can be ascertained |
|
|
by
reasonable enquiry, a sum equal to the proceeds of such sale after
|
|
10 |
deducting
therefrom any expenditure reasonably incurred in its |
|
|
removal,
storage and sale. |
|
|
62H |
Penalties
and proceedings in court |
|
|
(1) |
A person guilty of an offence
under this Act shall be liable on summary |
|
|
|
15 |
(a) |
a fine not exceeding level
4 on the standard scale, |
|
|
(b) |
a term of imprisonment not
exceeding one month, or |
|
|
|
|
(2) |
In any proceedings for
an offence under this Act it shall be presumed |
|
|
until
the contrary is shown that consent under this section was not
|
|
20 |
|
|
(3) |
Notwithstanding any statutory
provision or rule of law to the contrary, |
|
|
the
jurisdiction of a magistrates' court shall not, in summary |
|
|
proceedings
in relation to an offence under this Act, be ousted by |
|
|
reason
solely of a question of title to land being brought into issue. |
|
25 |
(4) |
Where in summary proceedings
in relation to an offence under this Act |
|
|
a
question of title to land is brought into issue, the decision
of a |
|
|
magistrates'
court in the proceedings or on the question shall not |
|
|
operate
as an estoppel in, or a bar to, proceedings in any court in |
|
|
|
30 |
|
|
There
shall be paid out of money provided by Parliament any expenditure
incurred by |
|
|
the
Secretary of State for or in connection with the carrying out
of any functions under |
|
|
|
|
3 |
Short
title, commencement and extent |
|
35 |
(1) |
This Act may be cited as
the Trespass with Vehicle (Offences) Act 2006. |
|
|
(2) |
This Act shall come into
force on such day as the Secretary of State may appoint |
|
|
by order made by statutory
instrument. |
|
|
(3) |
This Act extends to England
and Wales only. |
|
|
|
|
|