In December 2019, the Conservative Government were elected with a manifesto commitment to tackle unauthorised traveller encampments. Rebecca Harris MP is pleased that the response to the consultation being published today delivers on that commitment.

The vast majority of travelling communities reside in caravans on authorised traveller sites. However, the Government recognises the challenges and the significant distress and misery that can be caused by unauthorised encampments. Harmful or disruptive encampments can also perpetuate a negative image of travelling communities, the vast majority of whom are law-abiding citizens.

That is why the Government will shortly bring forward legislation to ensure that the police are fully equipped with the powers they need to tackle unauthorised encampments.

New criminal offence of residing in a vehicle on land without consent, It will be an offence if:

• a person resides or intends to reside on land without consent of the occupier of the land;
• the person has or intends to have at least one vehicle with them on the land;
• the person has caused or is likely to cause significant damage, disruption or distress; and
• they fail, without reasonable excuse, to leave the land or remove property in their possession or under their control once asked to do so by the occupier, the occupier’s representative or a constable.

It will also be an offence for the person to return to the land with an intention to reside in a vehicle within twelve months of the request being made. The maximum penalty for the offence will be three months’ imprisonment, a fine of up to £2,500, or both.

In addition, the police will have the power to seize any property including vehicles owned and in the possession of the person on reasonable suspicion that the person meets the conditions of the new offence. The new offence has been framed in such a way as to ensure that the rights of ramblers and others to enjoy the countryside are not inadvertently impacted.

Strengthening existing powers to remove trespassers on land

In addition to the new offence, the legislation will strengthen the existing police powers under the Criminal Justice and Public Order Act 1994 to direct trespassers to leave land. These powers currently apply where:

a) trespassers have a common purpose of residing on land for any period;

b) the occupier or someone on the occupier’s behalf has taken reasonable steps to ask the trespassers to leave; and

c) that either:

• any of the trespassers have caused damage to land or property; or that any of the trespassers have used threatening, abusive or insulting words or behaviour towards the occupier, a member of the occupier’s family or an employee or agent of the occupier; or
• that the trespassers have between them six or more vehicles on the land.

The legislation will:

• broaden the list of harms that can be caught by the police powers to direct trespassers away from land to include damage, disruption or distress;
• increase the period in which persons directed away from the land must not return from three to 12 months;
• allow the police to direct trespassers with a common purpose of residing on the land to leave land that forms part of a highway.

These measures to tackle unauthorised encampments (unlawful residence on land and causing harm, disruption or distress, in or with a vehicle) will apply to England and Wales only. The measures complement the ongoing work by MHCLG to strengthen councils’ powers to tackle unauthorised developments (building on land that an occupier owns without planning permission).

Rebecca Harris MP commented: “I am pleased that the Government are delivering their manifesto commitment to tackle unauthorised traveller encampments. The Government’s introduction of new legislation and strengthening of existing powers will ensure that Essex Police will be able to adequately tackle any illegal encampment sites in Castle Point.”

Rebecca, the Government and Home Secretary are confident that this comprehensive set of measures will allow police to tackle a range of harms resulting from unauthorised encampments quickly and effectively. This could be via a deterrent effect that prevents unauthorised encampments from being set up in the first instance, or by allowing the police to take more effective action in response to an encampment causing damage or disruption.

Roger Hirst, Police, Fire and Crime Commissioner for Essex said “Unauthorised encampments cause significant harm to communities, can leave landowners and councils with huge bills for tidying up and create unnecessary tension between communities.

“This recent announcement that a new criminal offence will be introduced and existing powers extended to tackle unauthorised encampments is good news for our county. It also demonstrates that by working together with our rural communities we can make our voices heard and secure the change we need to make our county safer.

“Over the last four years, we have worked hard with our rural communities and councils across Essex to provide a much more consistent and robust response to handling unauthorised encampments. In 2017 we developed the first shared protocol establishing how each organisation would work together to manage and respond quickly and effectively. In 2017 we provided the funding to establish the Essex Police Rural Engagement Team and in 2019 we provided the funding to double the size of this team. Through this good, partnership work we have reduced the number of unauthorised encampments in Essex from 229 in 2018 to 142 in 2020. However we can and should do more and that is why I added my voice, along with our local MPs, for a change in the law so that our police have more powers to deal with these situations.”