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Police, Crime, Sentencing and Courts Bill.

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Police, Crime, Sentencing and Courts Bill. Empty Police, Crime, Sentencing and Courts Bill.

Post by bikeralw Tue Jul 06, 2021 9:53 am

I'm wondering if anyone here with a legal background and an ability to understand legalese has read section 62, 60C-Offence relating to residing on land without consent in or with a vehicle.
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I don't really know if the proposals will adversely affect those of us who park up for the odd night off the beaten track (I hate the term 'wild camping'), but I'm sure it will.
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Post by rogerblack Tue Jul 06, 2021 10:32 am

Reading the relevant section, it would appear that an offence is only committed of one or more of the conditions listed in subsection (4) (extracted below) is satisfied, which would be unlikely if a responsible motorhome owner simply parked up overnight, so it seems likely that this is more aimed at the travelling community (but IANAL!)

(4) The conditions are— 

(a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of P’s residence; 

(b) in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of P’s residence if P were to reside on the land; 

(c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land; 

(d) that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.

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Post by PLOUGHLIN Tue Jul 06, 2021 10:48 am

The clause is intended to deal with illegal Traveller encampments, and an offence is only committed under certain conditions and if refusal to leave when/if requested by the owner, his representative or a constable.

Incidental overnight stop would not satisfy the conditions for a request to be made.

"(4)The conditions are—
(a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of P’s residence;
(b) in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of P’s residence if P were to reside on the land;
(c) that  significant  damage  or  significant  disruption  has  been caused or is likely to be caused as a result of conduct carried on,or likely to be carried on, by P while P is on the land;
(d) that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land."


I trust you overnight occupation would not involve any of the noted anti-social acts. I believe this part of the Bill is only applicable in E & W, S & NI having their own internal Legal system and Laws.


Last edited by PLOUGHLIN on Tue Jul 06, 2021 12:08 pm; edited 1 time in total (Reason for editing : Info corrected.)

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Post by Cymro Tue Jul 06, 2021 11:08 am

Well spotted, Al !  But I don't think we have anything to fear.

Peter: it does apply to Scotland: see clause 63.

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