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Police, Travellers and Trespassers

If you're dealing with an unauthorised encampment, you may wonder whether the police have powers to remove travellers or trespassers from your land.

Will Police Evict Travellers?

Answer: They can — but they may not be able to!

Police have discretionary powers under Section 61 of the Criminal Justice and Public Order Act 1994, but they often require certain thresholds to be met. If those conditions aren’t satisfied or if the landowner hasn’t taken civil steps, police may decline to act.

Police Removing Travellers - UK Bailiffs

New Police Powers: Criminalising Unauthorised Encampments

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

The offence is committed when someone causes significant damage, disruption, or distress. It has been carefully framed to avoid penalising those lawfully enjoying the countryside.

Maximum Penalty: 3 months' imprisonment, a fine up to £2,500 (level 4), or both.

The Act also extends police powers under Section 61 of the Criminal Justice and Public Order Act 1994. This includes:

  • 📌 A broader definition of "harm" including noise, disruption, and damage
  • 📌 Extending the no-return period from 3 months to 12 months
  • 📌 Enabling police to direct trespassers away from roads as well as land

While police now have stronger enforcement options, their intervention is still discretionary. In many cases, enforcement agents (bailiffs) continue to play a key role:

Enforcement Agents (Bailiffs) are authorised to attend land without prior notice. If trespassers or travellers refuse to leave, they can be lawfully removed without requiring a court order.

Police resources are often limited, and their definition of "significant" harm may not align with the landowner’s view — meaning they may not act, even under the new powers.

🔍 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

  • 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 behaviour, 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. Police may decline to intervene if their presence could worsen tensions.
  • Resource Priorities: With limited resources, police often prioritise emergencies or serious crime over trespass disputes.

Your Legal Rights as a Landowner

According to Halsbury’s Laws of England , landowners or their authorised agents have the right to remove trespassers from private property, provided this is done reasonably and lawfully. This empowers you to act when police cannot assist.

Practical Solution: Instruct UK Bailiffs

A highly effective alternative is to instruct UK Bailiffs , a professional eviction service. Acting as your agent, we can:

  • Exercise Your Rights: Remove trespassers legally using powers recognised in Halsbury’s Laws of England.
  • Minimise Delays: Our teams can act swiftly without court involvement.
  • Ensure Compliance: Certified agents manage the process professionally and lawfully.

Benefits of Choosing UK Bailiffs

  • Expertise: We operate within a strong legal framework to protect your rights.
  • Speed: Fast, efficient response to reduce occupation time.
  • Peace of Mind: Professional, sensitive handling of difficult situations.

Final Thoughts

When police cannot help, landowners can still act. Halsbury’s Laws of England confirms your right to remove trespassers. Instructing UK Bailiffs ensures this is done lawfully and effectively.

Visit www.ukbailiffs.co.uk or call 0330 133 1818 to get started.





Traveller Eviction FAQs

Got a question? We’re here to help.
  • Do I need a Court Order to remove Travellers?

    Under most circumstances you do not need a Court Order to evict trespassers from your land. .


    Under Halsburys Laws of England (Paragraph 1400) it states that ‘ If a trespasser peaceably enters land, the person who is entitled to possession may request him to leave; and if he refuses to leave may remove him from the land using no more force than is reasonably necessary’.



    There are some circumstances when a Court order may be required such as they have secured premises internally, but we'll be able to advise you on that 

  • Can I just pay the travellers to leave?

    As part of our anti-bribery and corruption policy, (see here) we  are unable to pay travellers or  trespassers to vacate and are unable to support a client who wants to do this.


    We would strongly recommend you do not pay illegal trespassers to leave as you are likely to see an increase in traveller activity at your site due to you being seen as a 'cash-cow' or easy target.


  • Can I remove the travellers myself ?

    As described above, you have a legal right to remove them yourself. However, as a landowner you are legally responsible for the welfare of any one occupying your land (legaly or not).


    We are trained and highly experienced in this. We are fully insured, experts in risk assessments, video enabled and trained negotiators.

  • Do you guarantee your services?

    No. But our likelihood of success is high. Over 15 years doing Traveller Evictions we estimate 97% are successfully concluded.


    Police, health and safety and welfare, and occasionally the instructing client are mainly responsible for the 3%

  • So, you just turn up and start removing everyone?

    No.  Most people from the travelling community are reasonable people and the majority are not criminally minded.


    We serve notice that they must leave immediately (or as agreed with you)


    We then give them reasonable time to vacate. Usually this is up to 2 hours.


    During this time, we monitor behaviour and ensure they are preparing to move.


    If they are being reasonable, we may negotiate extra time, however if they are non-compliant or refusing to leave then we will look at escalating the situation.

  • Do you carry out risk assessments?

    In line with the Health and Safety at Work 1999 legislation, you have a legal duty to assess risks and to protect the safety of everyone involved in the eviction process.


    We carry out a Generic risk assessment on first attendance and will then relay our recommendation back to you.  We will provide you immediately with our Agents report.  Throughout the eviction process, we will constantly reassess the eviction and modify our actions to manage any risks.

  • Are You Insured ?

    We hold Public liability, Public Indemnity and Employees Liability Insurance?



    Copies of which can be requested through our recovery manager

  • Do you provide security/clean up services

    Yes. We can provide security for the site (static / mobile or dog patrols) to ensure your land is secure overnight and we can arrange for contractors to attend to clean up the site if required. Just ask when you phone or request it on the on-line form

  • What do you charge?

    Prices start at £350 plus VAT

  • Why should we use you ?

    We only ever use Certificated Enforcement Agents to carry out evictions, a lot of companies now, unfortunately use un-trained security personnel.



    All of our agents are ; 


    self employed, 

    carry body worn CCTV equipment, 

    have a minimum 2 years experience in the industry,

    are trained negotiators

    have on-street and/or classroom training

    have successfully carried out evictions.

    Are regularly DBS and financially checked.

    We pay our Agents well above the national average meaning they want to keep working for us which motivates them to do the best job possible for you.



    We carry Public Liability, Indemnity and Employees Liability insurance to a minimum of £10 million in addition all Agents carry a personal bond of £10,000

  • Are there other options available to us?

    Yes. Below is a list of all current lawful methods for removing trespassers 



    Common law powers (This method)



    • can only be used by the landowner 


    • are used to regain possession of land; 


    • does not require the involvement of the courts; 


    • enforced by the landowner and Enforcement Agents where necessary; 


    • does not provide any sanctions offence for the return of trespassers onto land



    Part 55 Civil Procedures Rules 



    • can only be used by the landowner; 


    • is used to regain possession of land; 


    • requires attendance in Court; 


    • possession is enforced by county court bailiffs, where necessary; 


    • does not provide any sanctions for the return of trespassers onto land.



     


    Sections 77-78 Criminal Justice and Public Order Act 1994 



    • can only be used by a local authority; 


    • can be used on any land within the local authority’s area, irrespective of ownership; 


    • is used to remove identified individuals from land; 


    • only require the involvement of the courts when unauthorised campers do not leave when directed to do so; 


    • possession is enforced by local authority officers or Enforcement Agents employed by the local authority; 


    • the return of unauthorised campers and/or their vehicles to the location within three months carries criminal sanctions.



     


    Sections 61-62 Criminal Justice and Public Order Act 1994



    • can only be used by the police; 


    • can be used on any land except the highway; 


    • is used to remove identified individuals and/or their vehicles from land; 


    • there must be two or more persons trespassing on the land before the power can be used; 


    • do not require the involvement of the courts;


    • possession is enforced by the police; 


    • the return of unauthorised travellers/ trespassers  to the location within three months carries criminal sanctions.




    Section 62A-E Criminal Justice and Public Order Act 1994 



    • can only be used where an alternative site is available; 


    • can only be used by the police; 


    • can be used on any land; 


    • is used to remove identified individuals and/or their vehicles from the land; 


    • does not require the involvement of the courts; • possession is enforced by the police; 


    • the return of unauthorised travellers / trespassers to the local authority area within three months carries criminal sanctions.




    Government Guidance on Travellers 

  • I have more questions

    No Problem.  


    You can phone us on 0330 133 1818

    or email by clicking HERE


    If you would like us to call you back, click HERE


    For more information on legislation, you can go to our news page HERE

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