Part 3Sentencing and Punishment of Offenders

CHAPTER 9Offences

144Offence of squatting in a residential building

1

A person commits an offence if—

a

the person is in a residential building as a trespasser having entered it as a trespasser,

b

the person knows or ought to know that he or she is a trespasser, and

c

the person is living in the building or intends to live there for any period.

2

The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).

3

For the purposes of this section—

a

“building” includes any structure or part of a structure (including a temporary or moveable structure), and

b

a building is “residential” if it is designed or adapted, before the time of entry, for use as a place to live.

4

For the purposes of this section the fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser.

5

A person convicted of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both).

6

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.

7

For the purposes of subsection (1)(a) it is irrelevant whether the person entered the building as a trespasser before or after the commencement of this section.

8

In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc)—

a

in subsection (1)(c), after sub-paragraph (v) insert—

vi

section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building);

b

in subsection (3), for “or (iv)” substitute “ , (iv) or (vi) ”.

9

In Schedule 10 to the Criminal Justice and Public Order Act 1994 (consequential amendments), omit paragraph 53(b).