Points 2 Prove
The Ultimate Police Handbook
Residing on land without consent in or with a vehicle
s.60C Criminal Justice and Public Order Act 1994
Public Order
Definition
(1) Subsection (2) applies where -
(a) a person aged 18 or over ("p") is residing, or intending to reside, on land without the consent of the occupier of the land,
(b) P has, or intends to have, at least one vehicle with them on the land,
(c) one or more of the conditions mentioned in subsection (4) is satisfied, and
(d) the occupier, a representative of the occupier or a constable requests P to do either or both of the following -
(i) leave the land;
(ii) remove from the land property that is in Ps possession or under Ps control.
(2) P commits an offence if -
(a) P fails to comply with the request as soon as reasonably practicable, or
(b) P -
(i) enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and
(ii) has, or intends to have, at least one vehicle with them on the land.
(3) The prohibited period is the period of 12 months beginning with the day on which the request was made.
(4) The conditions are -
(a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of Ps residence;
(b)in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of Ps residence if P were to reside on the land;
(c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land;
(d)that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.
(a) a person aged 18 or over ("p") is residing, or intending to reside, on land without the consent of the occupier of the land,
(b) P has, or intends to have, at least one vehicle with them on the land,
(c) one or more of the conditions mentioned in subsection (4) is satisfied, and
(d) the occupier, a representative of the occupier or a constable requests P to do either or both of the following -
(i) leave the land;
(ii) remove from the land property that is in Ps possession or under Ps control.
(2) P commits an offence if -
(a) P fails to comply with the request as soon as reasonably practicable, or
(b) P -
(i) enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and
(ii) has, or intends to have, at least one vehicle with them on the land.
(3) The prohibited period is the period of 12 months beginning with the day on which the request was made.
(4) The conditions are -
(a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of Ps residence;
(b)in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of Ps residence if P were to reside on the land;
(c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land;
(d)that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.
Points to Prove
- Person over 18 is residing, or intending to reside on land without consent of the occupier
- Person has or intends to have at least one vehicle
- The occupier, a representative for them or a constable requests them to leave or remove from the land property in their possession or control
- Person fails to comply as soon as reasonably practicable or enters/re-enters the land within the prohibited period (12 months beginning the day on which the request was made)
In addition to the above, at least one of the following conditions must be satisfied:
(a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of Ps residence;
(b) in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of Ps residence if P were to reside on the land;
(c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land;
(d) that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.
- Person has or intends to have at least one vehicle
- The occupier, a representative for them or a constable requests them to leave or remove from the land property in their possession or control
- Person fails to comply as soon as reasonably practicable or enters/re-enters the land within the prohibited period (12 months beginning the day on which the request was made)
In addition to the above, at least one of the following conditions must be satisfied:
(a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of Ps residence;
(b) in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of Ps residence if P were to reside on the land;
(c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land;
(d) that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.
Powers & Punishment
Imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both
Offence Type
Crime Recording
PNC Recordable
No Crime Report Required
More
For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere