Criminal Justice and Public Order Act 1994

72 Violent entry to premises: special position of displaced residential occupiers and intending occupiers. E+W

(1) Section 6 of the M1 Criminal Law Act 1977 (which penalises violence by a person for securing entry into premises where a person on the premises is opposed and is known to be opposed to entry) shall be amended as follows.

(2) After subsection (1), there shall be inserted the following subsection—

“(1A) Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.”.

(3) In subsection (2), at the beginning, there shall be inserted the words “ Subject to subsection (1A) above, ”.

(4) Subsection (3) (which is superseded by the provision made by subsection (2) above) shall be omitted.

(5) In subsection (7), at the end, there shall be inserted the words “ and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises. ”.

Marginal Citations

M1 1977 c. 45.