New criminal sanctions for unauthorised travellers

The majority of trespasses are presently dealt with as civil (rather than criminal) matters. However, under proposed “intentional trespass” legislation recently announced by the Government, the police will have new powers to seize vehicles and prosecute travellers camping on public and private land.

The legislation will enable the police to take action over two or more illegally parked caravans (the existing threshold is six) and prosecute trespassers that return to a site within 12 months (a 9-month increase on current law). Consequently, the Government’s proposed legislation is expected to have much greater application.

If a traveller ignores a landowner’s request to remove their vehicle, they could face a three-month prison sentence and fine of up to £2,500. The Government believes that these new criminal sanctions will act as a sufficiently robust deterrent against illegal camps.

The legislation will limit “criminal trespassers” to people who are (1) over 18 years old, (2) intending to reside on private or public land, (3) using vehicles and (4) causing (or are likely to cause) “significant damage, disruption or distress”. Examples of disruption that will be considered “significant” are:

• Excessive noise pollution
• Excessive litter
• Interfering with utility supplies.

It is believed that civil sanctions for nuisances such as fly-tipping and squatting (in commercial premises) will not be affected – however, this has yet to be confirmed.

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