Supposed new laws, designed to make it easier for police to remove travellers from camps on private and public land, are empty promises, according to a leading evictions expert.
Steve Wood, Director of Bristol firm Able Investigations & Enforcements, is a former President of the Certificated Enforcement Agents Association (CEAA).
He said announcements by the Home Office in January, which revealed ‘new powers’ to criminalise trespass with the intention of settling, simply strengthen rules which have existed for over 25 years.
Since 1994, the Criminal Justice and Public Order Act (CJPOA) has given police the right to remove travellers who have damaged property or land, threatened the owner, or encamped with six or more vehicles.
The updated legislation lowers the threshold to two vehicles and creates a potential fine of £2,500 or a three-month prison sentence.
However, Mr Wood, who has been peacefully removing trespassers from private and public land for more than 25 years, said police lack resources to enforce any new rules.
“The announcements are hot air,” he said. “The Home Office, enforcement agencies, the law-abiding public and everyone else knows that police resources are pushed to the limit these days. Gone are the days when we used to attend briefings with 30 or more officers on a shift.
“Our clients facing trespassing problems like to receive an instant response, while the police often have other pressing commitments, especially in towns and cities. Times have changed.”
Mr Wood said existing laws were perfectly sufficient to manage cases of unwanted trespass. But, he said, knowledge was lacking regarding Common Law rights which would help landowners.
These Common Law rights stipulate that landowners can ask any trespasser to leave the land, before being peacefully removed if they refuse, without needing to go to court.
Meanwhile local authorities, the police and private landowners all have rights under Common Law or the CJPOA to regain possession of land, often without needing any court involvement.
“I’ve read the White Paper and, if my understanding is right, landowners should not be under the impression that these are new laws,” Mr Wood said.
“They’re not new. They’re just strengthening rules which have been there for decades and, given that police are already stretched beyond belief, in my opinion the amendments are misdirected.
“Everything landowners need is there already. Private Landowners have the right to use Common Law for evictions on open land – enforced, if necessary, by Certificated Enforcement Officers.
“Local authorities can use Sections 77 and 78 to evict, with potential criminal sanctions if the same travellers return within three months.
“The Police have Sections 61 and 62, where the issue is having the resources to enforce the law and being able to put cases at the top of the priority list.
“These new laws may well act as a deterrent and get rid of travellers more quickly as a result. But I expect any benefit will only last a short while. Travellers are well used to getting around the law and once they realise that the rules are pliable, we’ll just return to the status quo.
“So, rather than providing so-called new criminal law power for the police to use, we need to let people know that Common Law or Civil Law powers are usually a better option, and the Civil Law of Trespass is not going to be revoked.
“Common Law can be implemented much quicker, there’s no need to get courts involved, and travellers can be moved on before they can cause damage and pollution or fly tipping.”
