G

• Gypsies/Travellers

Gypsies and Travellers

• Explain who you are and politely ask any trespassers to leave immediately (if possible in the presence of a witness).

• Make a note of any damage you believe has been caused by the trespassers.

• Never make threats against them.
• Never make the trespassers welcome by extending an 'invitation' to stay until a certain time or date.
• Never accept unsolicited gifts.
• Seek an eviction order as soon as possible.
• Take care when walking in the area of an encampment.

Possible Court Action

If the incursion is on private land, the landowners may, by application to the civil courts, seek an order evicting the trespassers.  If such an order is issued by a court, the landowner should serve a copy on the trespassers as soon as practicable and where possible, ensure they conform, by leaving the site.

If it is anticipated that a breach of the peace might take place, the police may attend.  The landowner should obtain advice from a solicitor prior to making an application for a court order; attempting service of an order on trespassers; and before taking further action in the event of the trespassers remaining on land in defiance of such an order from the court.

Police Powers

The police have restricted powers to deal with people who breach civil law by trespassing.  At all times the police must act within the framework of the law.  There is no power in law to evict trespassers from private land solely on the basis that they have committed a civil trespass.

In certain circumstances, a direction to leave may be made and in the event of non-compliance arrests may follow.  Howevere, the powers to remove trespassers are discretionary and will not be used by the police unless considered absolutely necessary.  Trespass that does not threaten public order is a civil matter and the onus is on the occupier or landowner to take initlal action to remove the trespassers.

Role of the Police

The police have powers under the Criminal Justice and Public Order Act 1994 for dealing with trespassing.  These powers tend to be used sparingly and usually relate in situations where:-

• There are six or more vehicles in location
• Trespassers have parked causing obstruction to a highway or a hazard to other road users
• There is an unreasonable level of nuisance and criminal behaviour being caused by members of the trespassers
• Unacceptable levels of damage have been or are being caused to land or property to gain entry and sustain the encampment
• The trespassers face dangers from the nature of the site they have chosen, e.g. serious environmental health factors.

Another Power

Section 6 - Criminal Law Act 1977

This creates the criminal offence of using or threatening to use violence to secure entry to premises occupied by another.  This offence may be committed by the legitimate owner of premises towards a person(s) who is trespassing.  An owners liability would increase if more force than is necessary is used to remove the occupiers.  'Premises' includes a site comprising of buildings together with land.

Preventative Measures

It is far cheaper to deter a person from entering land rather than have to subsequently evict them and restore the site.

Below are some security measures that you should consider:-

• Installing low height metal barriers and firmly fixing them in concrete bases
• Installing strong metal gates with toughened steel padlocks and anti-lift hinges
• Placing tree trunks or very large logs across entrances
• Placing earth mounds across entrances
• Building ditches or trenches across entrances
• Placing a vehicle across entrances
• Frequently checking the site

Contact Numbers for Landowners

• Hampshire & IOW CRIMESTOPPERS - 0800 555 111
• Police - 0845 045 45 45
• 101 -  When it's less urgent than 999
• 999 - should only be used in an emergency