Can the Police Evict Travellers

The Police, Crime, Sentencing and Courts Act 2022 has introduced new powers for the police to tackle unauthorised encampments that cause damage, disruption or distress . The Act creates a new criminal offence of residing with a vehicle on land without permission.

The new offence will be committed when someone causes significant damage, disruption or distress in the conditions described, but has been framed in such a way as to ensure that the rights of those wishing to enjoy the countryside are not impacted . The maximum penalty for this offence is three months’ imprisonment or a fine not exceeding level 4 (£2,500) on the standard scale, or both.

The Act also broadens the types of harm that can be caught by the power to direct trespassers under section 61 (1) (a) of the Criminal Justice and Public Order Act 1994 and increases the period in which persons directed away from land must not return from three to 12 months . In addition, amendments to the 1994 Act allow police to direct trespassers away from roads

It is worth noting that bailiffs (now called Enforcement Agents) have traditionally carried out this role and can lawfully attend land without notice to request the trespassers and travellers vacate. If they refuse, they can evict them immediately without leave from the Court.

Police resources are limited and their interpretation of 'significant damage, disruption or distress' may be different than that of the landowner and so may not always intervene.