(Offence of squatting in a residential building )

Transcription

1 Section 144 o Legal Aid, Sentencing and Punishment o Oenders Act (Oence o squatting in a residential building ) An overview o the new oence - guidance or polic e provided in conjunction with the Ministry o Justic e ~~~: ~~% POLICE Working together or a saer London

2 Introduction Section 144 o the Legal Aid, Sentencing and Punishment o Oender s Act 2012 creates a new oence o squatting in a residential building, which will apply throughout England and Wales. The oence was introduced ollowing public concern about the har m that trespassers can cause, o any type o residential building. and will protect owners and lawul occupier s This includes homeowners and tenants who might have been exclude d rom their homes by trespassers, but it will also protect landlords, second homeowners and local authorities who discover trespassers in any residential property that they own or control even i no one is living there at the time the trespassers enter. POLICE

3 Objectives To provide an overview o the new oenc e To explain police power s Provide a consideration o alternative oence s To explain police action in response to Section 6 Criminal Law Act 1977 'Squatters' rights ' Managing enorcement issues

4 Subsection 1 - The Oence Points to prove A person is in a residential building as a trespasse r having entered it as such ; The person knows or ought to know that they are a trespasser ; and The person is living in the building or intends to live there or any period.

5 A person is in a residential building as a trespasser having entered it as such ; Oence will not apply to a person who entere d building with property owner 's permission e.g. a legitimate tenan t This is so even i a legitimate tenant subsequently alls behind with rent payments or decides to withhol d rent. Such a person is not a trespasser or the purposes o this oence. A property owner would be expected to pursue established eviction processes i n the civil courts i they wanted to regain possession o their property in such circumstances.

6 The person knows or ought to know that they are a trespasser; Will not capture people who entered property in good aith reasonably believing they had permission to do s o For example, where bogus letting agent encourage d an unsuspecting tenant to occupy somebody else 's property.

7 The person is living in the building or intends to live there or any period Ensures that the oence does not apply to people wh o are in the residential building momentarily or have n o intention o living there. A person who enters somebody 's entrance hall o r porch to deliver junk mail will not be guilty o a n oence!

8 Subsection 2 - 'Holding Over ' Land law term where a tenancy or licence comes to an end, but the tenant or licensee remains in occupatio n Oence cannot be committed by a person 'holdin g over' (even i the person leaves and re-enters th e building).

9 Subsection 3 - Residential Building Deinition o ` residential ' building : A) any structure or part o a structure which has bee n designed or adapted or use as a place to live. This ensures the oence covers barn conversions etc. B) Building must have been designed or adapted beore the time o entry or use as place to live. A person who modiies a non-residential building b y placing his bedding and personal eects in it would no t be committing an oence

10 Subsection 5 -Penaltie s Summary trial onl y Maximum penalty o six months ' level 5 ine imprisonment and/o r

11 Subsection 7 Provides that the oence applies regardless o whether the trespasser entered the property beore o r ater commencement o section 14 4 Designed to stop trespassers rushing to occupy residential buildings beore the oence comes into orce Also mean that trespassers who have been living i n the premises or many months or years prior t o commencement may be guilty o an oenc e

12 Subsection 8 -Powers o entry Section 17 o the Police and Criminal Evidence Ac t 1984 amended to give police the power to ente r premises to make an arres t Power limited to uniormed police oicers

13 Power o arrest Provided by section 24 o PAC E Subject to necessity and PACE Code G (Arrest )

14 Alternative oences Section 1 Criminal Damage Act Section 1 Thet Act Thet Section 9 Thet Act Burglary Section 13 Thet Act Abstracting Electricit y Section 76 Criminal Justice and Public Order Act Breach o interim possession orde r Section 7 Criminal law Act Adverse occupatio n Protects 'displaced residential occupiers' and 'protected intended occupiers' with wider deinition o residential premises that includes ancillary lan d

15 Section 6 Criminal Law Act 1977 'Squatters' rights' Oence or a person, without lawul authority, to use o r threaten violence to secure entry to premises agains t the will o those inside. The oence is committed where the person who use s or threatens such violence knows that there i s someone inside the premises who is opposed to th e entry which can include someone who ma y themselves be a trespasser.

16 'Squatters' rights' notice s The police will have a speciic power, under sectio n 17 o PACE, to enter the property to arrest a perso n who is suspected o squatting in a residential building. The police should not thereore be deterred i the y see a `squatters ' rights ' notice on the door o a residential building asserting that it would be an oence or anyone ( including the police ) to break into the property because they have lawul authority to enter the property to make an arrest.

17 'Squatters ' rig hts' in non-residential property It is anticipated that the use o `squatters rights ' notices on residential buildings will diminish once the oenc e comes into orce but they might continue to be used b y squatters in non - residential buildings. However, the oence in section 6 o the 1977 Ac t would not aect the lawul exercise by police o their powers under PACE to enter residential or non - residential premises to make an arrest or any othe r indictable oence s

18 Managing enorcement Commences 1 September Victim expectations - what outcome is being sought? What support can be oered? Proportionality and necessity - consider and documen t circumstances Protection o children - consider duty o car e C R IS report - MPS'recordable' oenc e CRIMINT Merlin PAC

19 Support services Consider options or homeles s Local Authorities - contact to assess housing option s Homeless Charities - which local organisations ca n provide support? Pan London hotline 'No Second Night Out' Further local rough sleeping contact numbers can b e ound at http :// gov. uk/documents/housing/xls / xls