Part V Public Order: Collective Trespass or Nuisance on Land
Powers to remove trespassers on land
F162BFailure to comply with direction under section 62A: offences
1
A person commits an offence if he knows that a direction under section 62A(1) has been given which applies to him and—
a
he fails to leave the relevant land as soon as reasonably practicable,or
b
he enters any land in the area of the relevant local authority as a trespasser before the end of the relevant period with the intention of residing there.
2
The relevant period is the period of 3 months starting with the day on which the direction is given.
3
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
4
A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
5
In proceedings for an offence under this section it is a defence for the accused to show—
a
that he was not trespassing on the land in respect of which he is alleged to have committed the offence, or
b
that he had a reasonable excuse—
i
for failing to leave the relevant land as soon as reasonably practicable, or
ii
for entering land in the area of the relevant local authority as a trespasser with the intention of residing there, or
c
that, at the time the direction was given, he was under the age of 18 years and was residing with his parent or guardian.