The #TeamCES Two Minute Guide to:Enforcement Powers on Unauthorised Encampments – ‘Powers Available



Where Common Law proves to be unsuccessful in achieving an eviction of known trespassers or ‘persons unknown’, other powers are available, including:


Part 55 Civil Procedures Rules


These can only be used by the landowner to regain possession of land. This process requires civil court procedure and is enforced by bailiffs. They provide no sanction against the return of trespassers onto land.


Sections 77-78 Criminal Justice and Public Order Act 1994


These can only be used by a local authority on any land within the local authority’s area, irrespective of ownership. Used to remove identified individuals from the land and only requires the involvement of the courts when trespassers do not leave after being directed to. Possession is enforced by local authority officers or private bailiffs employed by the local authority. Any return of unauthorised campers to the location within three months carries criminal sanctions.


Sections 61-62 Criminal Justice and Public Order Act 1994


These can only be used by the police on any land except the highway. Used to remove identified individuals and/or their vehicles from land. There must be two or more persons trespassing on the land before the power can be used and this does not require the involvement of the courts. Possession is enforced by the police and the return of unauthorised campers to the location within three months carries criminal sanctions.


Section 62A-E Criminal Justice and Public Order Act 1994


These can only be used by the police on any land, but only when an alternative site is available. Used to remove identified individuals and/or their vehicles from land. There must be two or more persons trespassing on the land before the power can be used and this does not require the involvement of the courts. Possession is enforced by the police and the return of unauthorised campers to the location within three months carries criminal sanctions.


Full Information on Enforcement Powers on Unauthorised Encampments – ‘Powers Available’ is available at:


https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7837/143582.pdf

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