Police, Crime, Sentencing and Court’s Act (PCSCA) 2022, s83 inserts s60C into the Criminal Justice and Public Order Act 1994. This makes it an offence, punishable with up to 3 months’ imprisonment and/or a fine, for someone residing on land with a vehicle to fail to comply with a request to leave the land. The offence applies if a person is residing, or intending to reside, on land without the consent of the occupier of the land, and has, or intends to have, a vehicle (including a caravan) on the land. The residents, or intended residents, must have caused, or be likely to cause significant disruption, damage or distress. The request can be made by the occupier, a representative of the occupier or a police constable.

If the person fails to leave the land, or, having left, re-enters it, they can be arrested and their vehicle (which could include a caravan used as a home) can be impounded. It is a defence to show ‘reasonable excuse’ for failing to comply with the direction to leave the land. The new offence applies to both England and Wales.

The new offence has greatly increased the already existing powers of eviction. Parliament’s Joint Committee on Human Rights has raised serious concerns that the proposals are discriminatory and in breach of the UK’s Human Rights obligations. The Advisory Committee on the Framework Convention for the Protection of National Minorities has made similar recommendations in its recent report on the United Kingdom.

Community Law Partnership was instructed by a Romany Gypsy, Wendy Smith, to lodge an application for Judicial Review of the new offence. The Claimant has no alternative but to resort to unauthorised encampments due to lack of authorised stopping places. She is especially drawing attention in her challenge to the “chilling effect” of the new offence.

An oral permission hearing was held at Birmingham Administrative Court before Mr. Justice Garnham on the 7th and 13th July 2023 and Mr. Justice Garnham gave Ms. Smith permission to proceed to a final hearing.

Marc Willers KC and Oliver Persey of Garden Court Chambers acted for the Claimant. Marc could not make the actual hearing so we are very grateful to Richard Drabble KC who presented the case at the hearing. CLP are very interested in hearing about any use of the section 60C power. If you have any information on this please contact either myself or my colleague, Parminder Sanghera on 0121 685 8595.

We will keep people informed of progress, of course.

Chris Johnson
The Community Law Partnership