ABSTRACT

Section 61 of the 1994 Act gives new powers to the police to remove trespassers on land. This new power has been aimed specifically at New Age travellers. Section 61(1) repeals very similar provisions held under s. 39 of the Public Order Act 1986. Section 61(1) states that where a senior police officer at the scene reasonably believes that two or more persons are trespassing on land with the common purpose of residing there for any period, and the occupier of that land has taken reasonable steps to ask them to leave and either:

(1) damage has been caused to the land or property on it; or (2) threatening, abusive or insulting words or behaviour have been used by any of them

towards the occupier of the land or to his family, employees or agents; or (3) those persons have between them at least six vehicles on the land;

the senior officer (or police officer acting on his behalf) may direct them to leave together with their vehicles and other property (refer to Figures 1 and 2).