Police | Travellers and Trespassers | UK Bailiffs
Can Police Evict Travellers?
YES! Depending on Circumstances! But they may decide not to!
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.
Below we explain why the Police may not be able to help!
Why Police May Not Assist in Evicting Travellers from Private Land
Landowners in the UK often face challenges when trying to remove travellers from their private property, particularly when police are reluctant to intervene. This section explores why police may not assist and provides a practical, legally grounded solution for landowners.
Why Police May Not Get Involved
Police involvement in evicting travellers from private land is not always guaranteed due to several factors:
- Legal Limitations: Under the Criminal Justice and Public Order Act 1994, police can direct travellers to leave private land, but only if specific conditions are met—such as damage to property, threatening behavior, or the presence of six or more vehicles. If these criteria aren’t satisfied, police may lack the authority to act, especially when balanced against travellers’ rights under the Human Rights Act 1998.
- Avoiding Escalation: Evictions can become volatile, potentially leading to public disorder. Police may opt not to intervene if they believe their presence could heighten tensions, particularly with large groups or in already fraught situations.
- Resource Priorities: With limited resources, police often prioritize emergencies or serious crimes over trespass issues, especially if no immediate threat is present.
Your Legal Rights as a Landowner
Under Halsbury’s Laws of England, a well-established legal authority, landowners or their authorized agents have the right to remove trespassers from their private property, provided it is done reasonably and lawfully. This principle empowers you to take action when police support is unavailable, offering a clear legal foundation for reclaiming your land.
Practical Solution: Instruct UK Bailiffs
Rather than relying on police, a highly effective option is to instruct UK Bailiffs, a professional eviction service specialising in traveller removals. Acting as your authorised agent, UK Bailiffs can:
- Exercise Your Rights: Leveraging the authority granted by Halsbury’s Laws of England, they ensure trespassers are removed legally and efficiently.
- Minimize Delays: Their expertise allows for swift action, reducing the time your property remains occupied.
- Ensure Compliance: Certified enforcement agents handle the process professionally, adhering to all legal standards and minimizing risks.
Benefits of Choosing UK Bailiffs
- Expertise: We operate within a robust legal framework, ensuring every step aligns with your rights as a landowner.
- Speed: Our specialised approach resolves issues faster than alternative methods.
- Peace of Mind: With a focus on professionalism, UK Bailiffs manages sensitive situations with care and precision.
Final Thoughts
When police cannot always assist due to legal, practical, or resource constraints, you are not without options. Halsbury’s Laws of England confirms your right to remove trespassers, and instructing UK Bailiffs provides a reliable, lawful solution to reclaim your property.
For assistance, contact UK Bailiffs at www.ukbailiffs.co.uk or call 0330 133 1818.