Criminal Justice and Public Order Act 1994

• “the relevant period”—in relation to a witness or juror in any proceedings for an offence, means the period beginning with the institution of the proceedings and ending with the first anniversary of the conclusion of the trial or, if there is an appeal or a reference under section 9 or 11 of the Criminal Appeal Act 1995, of the conclusion of the appeal;in relation to a person who has, or is believed by the accused to have, assisted in an investigation into an offence, but was not also a witness in proceedings for an offence, means the period of one year beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation; andin relation to a person who both has, or is believed by the accused to have, assisted in the investigation into an offence and was a witness in proceedings for the offence, means the period beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation and ending with the anniversary mentioned in paragraph (a) above.

• (10) For the purposes of the definition of the relevant period in subsection (9) above—

• (a) proceedings for an offence are instituted at the earliest of the following times—

• (i) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 in respect of the offence;

• (ii) when a person is charged with the offence after being taken into custody without a warrant;

• (iii) when a bill of indictment is preferred by virtue of section 2(2)(b) or (ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933;

• (b) proceedings at a trial of an offence are concluded with the occurrence of any of the following, the discontinuance of the prosecution, the discharge of the jury without a finding otherwise than in circumstances where the proceedings are continued without a jury, the acquittal of the accused or the sentencing of or other dealing with the accused for the offence of which he was convicted; and

• (c) proceedings on an appeal are concluded on the determination of the appeal or the abandonment of the appeal.

• (11) This section is in addition to, and not in derogation of, any offence subsisting at common law.

Criminal appeals

Circuit judges to act as judges of criminal division of Court of Appeal.

52

• (1) Section 9 of the Senior Courts Act 1981 (which provides for certain judges to act on request in courts other than that to which they were appointed) shall have effect with the amendments specified in subsections (2) to (5) below.

• (2) In subsection (1)—

• (a) after the words “Table may”, there shall be inserted the words “ , subject to the proviso at the end of that Table, ”;

• (b) in the Table, in column 2, in the entry specifying the court relating to entry 5 in column 1 (Circuit judges), after the words “High Court” there shall be inserted the words “ and the Court of Appeal ”; and

• (c) at the end of the Table there shall be inserted the following— “ The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal. ”.

• (3) In subsection (2)—

• (a) in the definition of “the appropriate authority” after the words “High Court” there shall be inserted the words “ or a Circuit judge ”; and

• (b) at the end, there shall be inserted the following— “ but no request shall be made to a Circuit judge to act as a judge of a court in the criminal division of the Court of Appeal unless he is approved for the time being by the Lord Chancellor for the purpose of acting as a judge of that division. ”.

• (4) In subsection (5), for the words “subsection (6)” there shall be substituted the words “ subsections (6) and (6A) ”.

• (5) After subsection (6) there shall be inserted the following subsection—

(6A) A Circuit judge or Recorder shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 and 44 of the Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the House of Lords).

.

• (6) The further amendments specified in subsections (7) to (9) below (which supplement the foregoing amendments) shall have effect.

• (7) In section 55 of the Senior Courts Act 1981 (composition of criminal division of Court of Appeal)—

• (a) in subsections (2) and (4), at the beginning, there shall be inserted the words “ Subject to subsection (6), ”; and

• (b) after subsection (5), there shall be inserted the following subsection—

(6) A court shall not be duly constituted if it includes more than one Circuit judge acting as a judge of the court under section 9.

.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) After the section 56A of the Senior Courts Act 1981 inserted by subsection (8) above there shall be inserted the following section—

(56B) (1) The appeals or classes of appeals suitable for allocation to a court of the criminal division of the Court of Appeal in which a Circuit judge is acting under section 9 shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor. (2) In subsection (1) “appeal” includes the hearing of, or any application in proceedings incidental or preliminary to, an appeal.

.

Expenses in criminal appeals in Northern Ireland Court of Appeal.

53

• (1) After section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980 (certain expenses to be defrayed up to amount allowed by the Master (Taxing Office)) there shall be inserted the following subsections—

(2A) Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under subsection (2)(a) above, he may apply to that Master to review his decision. (2B) On a review under subsection (2A) the Master (Taxing Office) may confirm or vary the amount of expenses allowed by him. (2C) An application under subsection (2A) shall be made, and a review under that subsection shall be conducted, in accordance with rules of court. (2D) Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above, he may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal. (2E) Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above in relation to the expenses of a solicitor or counsel, he may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal. (2F) On any appeal under subsection (2D) or (2E) above the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final. (2G) The power of the Master (Taxing Office) or the High Court to vary the amount of expenses allowed under subsection (2)(a) above includes power to increase or reduce that amount to such extent as the Master or (as the case may be) the High Court thinks fit; and the reference in subsection (2) above to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been so varied, be construed as a reference to that amount as so varied.

.

• (2) Subsection (1) above does not have effect in relation to expenses allowed by the Master (Taxing Office) under section 28(2)(a) of the Criminal Appeal (Northern Ireland) Act 1980 before the date on which that subsection comes into force.

Part IV — Police Powers

Powers of police to take body samples

Powers of police to take intimate body samples.

54

• (1) Section 62 of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall be amended as follows.

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

(1A) An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient— (a) if a police officer of at least the rank of superintendent authorises it to be taken; and (b) if the appropriate consent is given.

.

• (3) In subsection (2)—

• (a) after the word “authorisation” there shall be inserted the words “ under subsection (1) or (1A) above ”; and

• (b) in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.

• (4) In subsection (3), after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of police to take non-intimate body samples.

55

• (1) Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.

• (2) After subsection (3), there shall be inserted the following subsections—

(3A) A non-intimate sample may be taken from a person (whether or not he falls within subsection (3)(a) above) without the appropriate consent if— (a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and (b) either he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police or he has had a non-intimate sample taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient. (3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.

.

• (3) In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.

• (4) After subsection (8), there shall be inserted the following subsection—

(8A) In a case where by virtue of subsection (3A) or (3B) a sample is taken from a person without the appropriate consent— (a) he shall be told the reason before the sample is taken; and (b) the reason shall be recorded as soon as practicable after the sample is taken.

.

• (5) In subsection (9), after the words “subsection (8)” there shall be inserted the words “ or (8A) ”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fingerprints and samples: supplementary provisions.

56

The following section shall be inserted after section 63 of the Police and Criminal Evidence Act 1984—

(63A) (1) Fingerprints or samples or the information derived from samples taken under any power conferred by this Part of this Act from a person who has been arrested on suspicion of being involved in a recordable offence may be checked against other fingerprints or samples or the information derived from other samples contained in records held by or on behalf of the police or held in connection with or as a result of an investigation of an offence. (2) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample. (3) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the Prison Act 1952 applies. (4) Any constable may, within the allowed period, require a person who is neither in police detention nor held in custody by the police on the authority of a court to attend a police station in order to have a sample taken where— (a) the person has been charged with a recordable offence or informed that he will be reported for such an offence and either he has not had a sample taken from him in the course of the investigation of the offence by the police or he has had a sample so taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient; or (b) the person has been convicted of a recordable offence and either he has not had a sample taken from him since the conviction or he has had a sample taken from him (before or after his conviction) but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient. (5) The period allowed for requiring a person to attend a police station for the purpose specified in subsection (4) above is— (a) in the case of a person falling within paragraph (a), one month beginning with the date of the charge or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be; (b) in the case of a person falling within paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be. (6) A requirement under subsection (4) above— (a) shall give the person at least 7 days within which he must so attend; and (b) may direct him to attend at a specified time of day or between specified times of day. (7) Any constable may arrest without a warrant a person who has failed to comply with a requirement under subsection (4) above. (8) In this section “the appropriate officer” is— (a) in the case of a person falling within subsection (4)(a), the officer investigating the offence with which that person has been charged or as to which he was informed that he would be reported; (b) in the case of a person falling within subsection (4)(b), the officer in charge of the police station from which the investigation of the offence of which he was convicted was conducted.

.

Retention of samples in certain cases.

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Samples: intimate and non-intimate etc.

58

• (1) Section 65 of the Police and Criminal Evidence Act 1984 (which contains definitions of intimate and non-intimate samples and other relevant definitions) shall be amended as follows.

• (2) For the definition of “intimate sample” there shall be substituted—

“intimate sample” means— (a) a sample of blood, semen or any other tissue fluid, urine or pubic hair; (b) a dental impression; (c) a swab taken from a person’s body orifice other than the mouth;

.

• (3) For the definition of “non-intimate sample” there shall be substituted—

“non-intimate sample” means— (a) a sample of hair other than pubic hair; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part of a person’s body including the mouth but not any other body orifice; (d) saliva; (e) a footprint or a similar impression of any part of a person’s body other than a part of his hand;

.

• (4) After the definition of “non-intimate sample” there shall be inserted the following definitions—

“registered dentist” has the same meaning as in the Dentists Act 1984; “speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above; “sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.

.

Extension of powers to search persons’ mouths.

59

• (1) In section 65 of the Police and Criminal Evidence Act 1984 (definitions for purposes of Part V: treatment of persons by police), after the definition of “intimate sample” there shall be inserted the following definition—

“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;

.

• (2) In section 32 of that Act (powers of search upon arrest), in subsection (4), at the end, there shall be inserted “ but they do authorise a search of a person’s mouth ”.

Powers of police to stop and search

Powers to stop and search in anticipation of , or after violence.

60

• (1) If a police officer of or above the rank of inspector reasonably believes—

• (a) that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,

• (aa) that—

• (i) an incident involving serious violence has taken place in England and Wales in his police area;

• (ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and

• (iii) it is expedient to give an authorisation under this section to find the instrument or weapon; or

• (b) that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason,

he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours.

• (3A) If an inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

• (4) This section confers on any constable in uniform power—

• (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;

• (b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A constable may, in the exercise of the powers conferred by subsection (4) above, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.

• (6) If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.

• (7) This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.

• (8) A person who fails

• (a) to stop, or to stop a vehicle; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

• (9) Subject to subsection (9ZA), any authorisation under this section shall be in writing signed by the officer giving it and shall specify the grounds on which it is given and the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

• (9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.

• (9A) The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if the references to a locality in his police area were references to a place in England and Wales specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003.

• (10) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped . . ..

• (10A) A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which he was searched.

• (11) In this section—

• ...

• “dangerous instruments” means instruments which have a blade or are sharply pointed;

• “offensive weapon” has the meaning given by section 1(9) of the Police and Criminal Evidence Act 1984 or, in relation to Scotland, section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate; and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “vehicle” includes a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960.

• (11A) For the purposes of this section, a person carries a dangerous instrument or an offensive weapon if he has it in his possession.

• (12) The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred.

Powers to require removal of disguises

60AA

• (1) Where—

• (a) an authorisation under section 60 is for the time being in force in relation to any locality for any period, or

• (b) an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period,

those powers shall be exercisable at any place in that locality at any time in that period.

• (2) This subsection confers power on any constable in uniform—

• (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

• (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.

• (3) If a police officer of or above the rank of inspector reasonably believes—

• (a) that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and

• (b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection,

he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours.

• (4) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which—

• (a) have been committed in connection with the activities in respect of which the authorisation was given, or

• (b) are reasonably suspected to have been so committed,

he may direct that the authorisation shall continue in force for a further twenty-four hours.

• (5) If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

• (6) Any authorisation under this section—

• (a) shall be in writing and signed by the officer giving it; and

• (b) shall specify—

• (i) the grounds on which it is given;

• (ii) the locality in which the powers conferred by this section are exercisable;

• (iii) the period during which those powers are exercisable;

and a direction under subsection (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

• (6) Subject to subsection (6A), an authorisation under subsection (3)—

• (a) shall be in writing and signed by the officer giving it; and

• (b) shall specify—

• (i) the grounds on which it is given;

• (ii) the locality in which the powers conferred by this section are exercisable; and

• (iii) the period during which those powers are exercisable.

• (6A) An authorisation under subsection (3) need not be given in writing where it is not practicable to do so but any oral authorisation—

• (a) must state the matters which would otherwise have to be specified under subsection (6); and

• (b) must be recorded in writing as soon as it is practicable to do so.

• (6B) A direction under subsection (4) shall be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

• (7) A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

• (8) The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if references to a locality or to a locality in his police area were references to any locality in or in the vicinity of any policed premises, or to the whole or any part of any such premises.

• (9) In this section “British Transport Police Force” and “policed premises” each has the same meaning as in section 60.

• (10) The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred.

• (11) This section does not extend to Scotland.

Retention and disposal of things seized under section 60.

60A

• (1) Any things seized by a constable under section 60 or 60AA may be retained in accordance with regulations made by the Secretary of State under this section.

• (2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

• (3) Regulations under this section may make different provisions for different classes of things or for different circumstances.

• (4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Arrest without warrant for offences under section 60: Scotland.

60B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V — Public Order: Unauthorised encampments and Collective Trespass or Nuisance on Land

Residing on land without consent in or with a vehicle

Offence relating to residing on land without consent in or with a vehicle

60C

• (1) Subsection (2) applies where—

• (a) a person aged 18 or over (“P”) is residing, or intending to reside, on land without the consent of the occupier of the land,

• (b) P has, or intends to have, at least one vehicle with them on the land,

• (c) one or more of the conditions mentioned in subsection (4) is satisfied, and

• (d) the occupier, a representative of the occupier or a constable requests P to do either or both of the following—

• (i) leave the land;

• (ii) remove from the land property that is in P’s possession or under P’s control.

• (2) P commits an offence if—

• (a) P fails to comply with the request as soon as reasonably practicable, or

• (b) P—

• (i) enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and

• (ii) has, or intends to have, at least one vehicle with them on the land.

• (3) The prohibited period is the period of 12 months beginning with the day on which the request was 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.

• (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

• (6) In proceedings for an offence under this section it is a defence for the accused to show that the accused had a reasonable excuse for—

• (a) failing to comply as soon as reasonably practicable with the request mentioned in subsection (1)(d), or

• (b) after receiving such a request, entering (or re-entering) the land with the intention of residing there without the consent of the occupier of the land.

• (7) In its application to common land, this section has effect—

• (a) in a case where the common land is land to which the public has access and the occupier cannot be identified, as if references to the occupier were references to the local authority in relation to the common land;

• (b) in a case where P’s residence or intended residence without the consent of the occupier is, or would be, an infringement of the commoners’ rights and—

• (i) the occupier is aware of P’s residence or intended residence and had an opportunity to consent to it, or

• (ii) if sub-paragraph (i) does not apply, any one or more of the commoners took reasonable steps to try to inform the occupier of P’s residence or intended residence and provide an opportunity to consent to it,

as if in subsection (1)(d) after “a constable” there were inserted “or the commoners or any of them or their representative”.

• (8) In this section--

• “common land” and “commoner” have the same meaning as in section 61;

• “damage” includes—damage to the land;damage to any property on the land not belonging to P;damage to the environment (including excessive noise, smells, litter or deposits of waste);

• “disruption” includes interference with—a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, ora supply of water, energy or fuel;

• “land” does not include buildings other than—agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, orscheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023;

• “the local authority”, in relation to common land, has the same meaning as in section 61;

• “occupier” means the person entitled to possession of the land by virtue of an estate or interest held by the person;

• “offensive conduct” means—the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, orthe display of any writing, sign, or other visible representation that is threatening, abusive or insulting;

• “vehicle” includes—any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle, anda caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960.

• (9) For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere.

Offence under section 60C: seizure of property etc

60D

• (1) If a constable reasonably suspects that an offence has been committed under section 60C, the constable may seize and remove any relevant property that appears to the constable—

• (a) to belong to the person who the constable suspects has committed the offence (“P”);

• (b) to be in P’s possession; or

• (c) to be under P’s control.

• (2) “Relevant property” means—

• (a) a vehicle (wherever located) which, for the purposes of section 60C(1)(b) (in the case of an offence under section 60C(2)(a)) or for the purposes of section 60C(2)(b)(ii) (in the case of an offence under section 60C(2)(b)), the constable suspects P had or intended to have with them, or

• (b) any other property that is on the relevant land.

• (3) The “relevant land” is the land in respect of which a request under section 60C(1)(d) is made.

• (4) The relevant chief officer of police may retain any property that has been seized under subsection (1) until the end of the period of three months beginning with the day of the seizure (“the relevant period”).

• (5) But the relevant chief officer of police ceases to be entitled to retain the property if before the end of the relevant period a custody officer gives written notice to P that P is not to be prosecuted for the offence under section 60C in relation to which the property was seized.

(And see subsection (10)).

• (6) Subsection (7) applies where before the end of the relevant period proceedings for an offence under section 60C are commenced against P.

• (7) Where this subsection applies the relevant chief officer of police may retain the property seized until the conclusion of proceedings relating to the offence (including any appeal) (but see subsection (10)).

• (8) Where a chief officer of police ceases to be entitled to retain property under this section the chief officer must, subject to any order for forfeiture under section 60E, return it to the person whom the chief officer believes to be its owner.

• (9) If a chief officer of police cannot after reasonable inquiry identify a person for the purposes of subsection (8)—

• (a) the chief officer must apply to a magistrates’ court for directions, and

• (b) the court must make an order about the treatment of the property.

• (10) If at any time a person other than P satisfies a chief officer of police that property that is retained by the chief officer under this section—

• (a) belongs to the person at that time, and

• (b) belonged to them at the time of the suspected offence under section 60C,

the chief officer must return the property to the person.

• (11) Subsection (10) does not apply in relation to a vehicle belonging to a person other than P if the chief officer of police reasonably believes that the vehicle was, with the consent of the other person, in P’s possession or under P’s control at the time of the suspected offence under section 60C.

• (12) For the purposes of subsection (6), proceedings are commenced when—

• (a) a written charge is issued under section 29(1) of the Criminal Justice Act 2003,

• (b) a person is charged under Part 4 of the Police and Criminal Evidence Act 1984, or

• (c) an information is laid under section 1 of the Magistrates’ Courts Act 1980.

• (13) For the purposes of this section—

• (a) the relevant chief officer of police is the chief officer of the police force for the area in which the property was seized, and

• (b) “vehicle” has the same meaning as in section 60C.

Offence under section 60C: forfeiture

60E

• (1) A court that convicts a person of an offence under section 60C may order any property to which subsection (2) applies to be forfeited and dealt with in a manner specified in the order.

• (2) This subsection applies to any property that—

• (a) was seized under section 60D(1), and

• (b) is retained by a chief officer of police under that section.

• (3) Before making an order for the forfeiture of property the court must—

• (a) permit anyone who claims to be its owner or to have an interest in it to make representations, and

• (b) consider its value and the likely consequences of forfeiture.

Powers to remove trespassers on land

Power to remove trespassers on land.

61

• (1) If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and—

• (a) that any of those persons—

• (i) in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10));

• (ii) in the case of persons trespassing on land in Scotland,

has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or

• (b) in either case, that those persons have between them six or more vehicles on the land,

he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.

• (2) Where the persons in question are reasonably believed by the senior police officer to be persons who were not originally trespassers but have become trespassers on the land, the officer must reasonably believe that the other conditions specified in subsection (1) are satisfied after those persons became trespassers before he can exercise the power conferred by that subsection.

• (3) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.

• (4) If a person knowing that a direction under subsection (1) above has been given which applies to him—

• (a) fails to leave the land as soon as reasonably practicable, or

• (b) having left again enters the land as a trespasser within the prohibited period,

he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

• (4ZA) The prohibited period is—

• (a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;

• (b) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

• (4A) Where, as respects Scotland, the reason why these persons have become trespassers is that they have ceased to be entitled to exercise access rights by virtue of—

• (a) their having formed the common purpose mentioned in subsection (1) above; or

• (b) one or more of the conditions specified in paragraphs (a) and (b) of that subsection having been satisfied,

the circumstances constituting that reason shall be treated, for the purposes of subsection (4) above, as having also occurred after these persons became trespassers.

• (4B) In subsection (4A) above “ access rights ” has the meaning given by the Land Reform (Scotland) Act 2003 (asp 2).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) 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, or

• (b) that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser.

• (7) In its application in England and Wales to common land this section has effect as if in the preceding subsections of it—

• (a) references to trespassing or trespassers were references to acts and persons doing acts which constitute either a trespass as against the occupier or an infringement of the commoners’ rights; and

• (b) references to “the occupier” included the commoners or any of them or, in the case of common land to which the public has access, the local authority as well as any commoner.

• (8) Subsection (7) above does not—

• (a) require action by more than one occupier; or

• (b) constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier.

• (9) In this section—

• “common land” means common land as defined in section 22 of the Commons Registration Act 1965;

• “common land” means—land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; andland to which Part 1 of that Act does not apply and which is subject to rights of common as defined in that Act;

• “commoner” means a person with rights of common as defined in section 22 of the Commons Registration Act 1965 as so defined;;

• “land” does not include—

• (a) buildings other than—

• (i) agricultural buildings within the meaning of, in England and Wales, paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988 or, in Scotland, section 7(2) of the Valuation and Rating (Scotland) Act 1956, or

• (ii) scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023;

• (b) land in Scotland forming part of—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967;

• “the local authority”, in relation to common land, means any local authority which has powers in relation to the land under section 45 of the Commons Act 2006;

• “occupier” (and in subsection (8) “the other occupier”) means—

• (a) in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; and

• (b) in Scotland, the person lawfully entitled to natural possession of the land;

• “property”, in relation to damage to property on land, means—

• (a) in England and Wales, property within the meaning of section 10(1) of the Criminal Damage Act 1971; and

• (b) in Scotland, either—

• (i) heritable property other than land; or

• (ii) corporeal moveable property,

and “damage” includes the deposit of any substance capable of polluting the land;

• “trespass” means, in the application of this section—in England and Wales, subject to the extensions effected by subsection (7) above, trespass as against the occupier of the land;in Scotland, entering, or as the case may be remaining on, land without lawful authority and without the occupier’s consent; and

• “trespassing” and “trespasser” shall be construed accordingly;

• “vehicle” includes—

• (a) any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and

• (b) a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960;

and a person may be regarded for the purposes of this section as having a purpose of residing in a place notwithstanding that he has a home elsewhere.

• (10) For the purposes of subsection (1)(a)(i)—

• “damage” includes—damage to the land;damage to any property on the land not belonging to the persons trespassing;damage to the environment (including excessive noise, smells, litter or deposits of waste);

• “disruption” includes an interference with—a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, ora supply of water, energy or fuel;

• “distress” means distress caused by—the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, orthe display of any writing, sign, or other visible representation that is threatening, abusive or insulting.

Supplementary powers of seizure.

62

• (1) If a direction has been given under section 61 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse—

• (a) failed to remove any vehicle on the land which appears to the constable to belong to him or to be in his possession or under his control; or

• (b) entered the land as a trespasser with a vehicle within the prohibited period,

the constable may seize and remove that vehicle.

• (1A) The prohibited period is—

• (a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;

• (a) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

• (2) In this section, “trespasser” and “vehicle” have the same meaning as in section 61.

Power to remove trespassers: alternative site available

62A

• (1) If the senior police officer present at a scene reasonably believes that the conditions in subsection (2) are satisfied in relation to a person and land, he may direct the person—

• (a) to leave the land;

• (b) to remove any vehicle and other property he has with him on the land.

• (2) The conditions are—

• (a) that the person and one or more others (“the trespassers”) are trespassing on the land;

• (b) that the trespassers have between them at least one vehicle on the land;

• (c) that the trespassers are present on the land with the common purpose of residing there for any period;

• (d) if it appears to the officer that the person has one or more caravans in his possession or under his control on the land, that there is a suitable pitch on a relevant caravan site for that caravan or each of those caravans;

• (e) that the occupier of the land or a person acting on his behalf has asked the police to remove the trespassers from the land.

• (3) A direction under subsection (1) may be communicated to the person to whom it applies by any constable at the scene.

• (4) Subsection (5) applies if—

• (a) a police officer proposes to give a direction under subsection (1) in relation to a person and land, and

• (b) it appears to him that the person has one or more caravans in his possession or under his control on the land.

• (5) The officer must consult every local authority within whose area the land is situated as to whether there is a suitable pitch for the caravan or each of the caravans on a relevant caravan site which is situated in the local authority’s area.

• (6) In this section—

• “ caravan ” and “ caravan site ” have the same meanings as in Part 1 of the Caravan Sites and Control of Development Act 1960;

• “ relevant caravan site ” means a caravan site which is— situated in the area of a local authority within whose area the land is situated, andmanaged by a relevant site manager;

• “ relevant site manager ” means— a local authority within whose area the land is situated;a private registered provider of social housing;a registered social landlord;

• “ registered social landlord ” means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.

• (7) The Secretary of State may by order amend the definition of “relevant site manager” in subsection (6) by adding a person or description of person.

• (8) An order under subsection (7) must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.

Failure to comply with direction under section 62A: offences

62B

• (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 twelve 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Failure to comply with direction under section 62A: seizure

62C

• (1) This section applies if a direction has been given under section 62A(1) and a constable reasonably suspects that a person to whom the direction applies has, without reasonable excuse—

• (a) failed to remove any vehicle on the relevant land which appears to the constable to belong to him or to be in his possession or under his control; or

• (b) entered any land in the area of the relevant local authority as a trespasser with a vehicle before the end of the relevant period with the intention of residing there.

• (2) The relevant period is the period of twelve months starting with the day on which the direction is given.

• (3) The constable may seize and remove the vehicle.

Common land: modifications

62D

• (1) In their application to common land sections 62A to 62C have effect with these modifications.

• (2) References to trespassing and trespassers have effect as if they were references to acts, and persons doing acts, which constitute—

• (a) a trespass as against the occupier, or

• (b) an infringement of the commoners' rights.

• (3) References to the occupier—

• (a) in the case of land to which the public has access, include the local authority and any commoner;

• (b) in any other case, include the commoners or any of them.

• (4) Subsection (1) does not—

• (a) require action by more than one occupier, or

• (b) constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier.

• (5) In this section “common land”, “commoner” and “the local authority” have the meanings given by section 61.

Sections 62A to 62D: interpretation

62E

• (1) Subsections (2) to (8) apply for the interpretation of sections 62A to 62D and this section.

• (2) “Land” does not include buildings other than—

• (a) agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, or

• (b) scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023.

• (3) “Local authority” means—

• (a) in Greater London, a London borough or the Common Council of the City of London;

• (b) in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly;

• (c) in Wales, a county council or a county borough council.

• (4) “Occupier”, “trespass”, “trespassing” and “trespasser” have the meanings given by section 61 in relation to England and Wales.

• (5) “The relevant land” means the land in respect of which a direction under section 62A(1) is given.

• (6) “The relevant local authority” means—

• (a) if the relevant land is situated in the area of more than one local authority (but is not in the Isles of Scilly), the district council or county borough council within whose area the relevant land is situated;

• (b) if the relevant land is situated in the Isles of Scilly, the Council of the Isles of Scilly;

• (c) in any other case, the local authority within whose area the relevant land is situated.

• (7) “Vehicle” has the meaning given by section 61.

• (8) A person may be regarded as having a purpose of residing in a place even if he has a home elsewhere.

Guidance

62F

• (1) The Secretary of State must issue guidance relating to the exercise of—

• (a) the functions of police officers in England and Wales, and

• (b) the functions of constables in England and Wales,

under the provisions mentioned in subsection (2).

• (2) Those provisions are—

• (a) sections 60C to 62E, and

• (b) regulations under section 67 relating to vehicles seized under section 62(1) or section 62C(3).

• (3) Police officers in England and Wales and constables in England and Wales must have regard to the guidance when exercising any of those functions conferred on them.

• (4) The Secretary of State may from time to time revise the guidance.

• (5) The Secretary of State must arrange for the guidance and any revised guidance issued under this section to be published in such manner as the Secretary of State considers appropriate.

• (6) The Secretary of State must lay before Parliament a copy of any guidance or revised guidance published under subsection (5).

Powers in relation to raves

Powers to remove persons attending or preparing for a rave.

63

• (1) This section applies to a gathering on land in the open air of 20 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose—

• (a) such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and

• (b) “music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats.

• (1A) This section also applies to a gathering if—

• (a) it is a gathering on land of 20 or more persons who are trespassing on the land; and

• (b) it would be a gathering of a kind mentioned in subsection (1) above if it took place on land in the open air.

• (2) If, as respects any land . . . , a police officer of at least the rank of superintendent reasonably believes that—

• (a) two or more persons are making preparations for the holding there of a gathering to which this section applies,

• (b) ten or more persons are waiting for such a gathering to begin there, or

• (c) ten or more persons are attending such a gathering which is in progress,

he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land.

• (3) A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene.

• (4) Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention.

• (5) A direction under subsection (2) above does not apply to an exempt person.

• (6) If a person knowing that a direction has been given which applies to him—

• (a) fails to leave the land as soon as reasonably practicable, or

• (b) having left again enters the land within the period of 7 days beginning with the day on which the direction was given,

he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

• (7) In proceedings for an offence under subsection (6) above it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land.

• (7A) A person commits an offence if—

• (a) he knows that a direction under subsection (2) above has been given which applies to him, and

• (b) he makes preparations for or attends a gathering to which this section applies within the period of 24 hours starting when the direction was given.

• (7B) A person guilty of an offence under subsection (7A) above is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) This section does not apply—

• (a) in England and Wales, to a gathering in relation to a licensable activity within section 1(1)(c) of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under and in accordance with an authorisation within the meaning of section 136 of that Act;

• (b) in Scotland, to a gathering in premises which, by virtue of section 41 of the Civic Government (Scotland) Act 1982, are licensed to be used as a place of public entertainment.

• (10) In this section—

• “entertainment licence” means a licence granted by a local authority under—Schedule 12 to the London Government Act 1963;section 3 of the Private Places of Entertainment (Licensing) Act 1967; orSchedule 1 to the Local Government (Miscellaneous Provisions) Act 1982;

• “exempt person”, in relation to land (or any gathering on land), means the occupier, any member of his family and any employee or agent of his and any person whose home is situated on the land;

• “land in the open air” includes a place partly open to the air;

• “local authority” means—in Greater London, a London borough council or the Common Council of the City of London;in England outside Greater London, a district council or the council of the Isles of Scilly;in Wales, a county council or county borough council; and

• (11) Until 1st April 1996, in this section “local authority” means, in Wales, a district council.

Supplementary powers of entry and seizure.

64

• (1) If a police officer of at least the rank of superintendent reasonably believes that circumstances exist in relation to any land which would justify the giving of a direction under section 63 in relation to a gathering to which that section applies he may authorise any constable to enter the land for any of the purposes specified in subsection (2) below.

• (2) Those purposes are—

• (a) to ascertain whether such circumstances exist; and

• (b) to exercise any power conferred on a constable by section 63 or subsection (4) below.

• (3) A constable who is so authorised to enter land for any purpose may enter the land without a warrant.

• (4) If a direction has been given under section 63 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse—

• (a) failed to remove any vehicle or sound equipment on the land which appears to the constable to belong to him or to be in his possession or under his control; or

• (b) entered the land as a trespasser with a vehicle or sound equipment within the period of 7 days beginning with the day on which the direction was given,

the constable may seize and remove that vehicle or sound equipment.

• (5) Subsection (4) above does not authorise the seizure of any vehicle or sound equipment of an exempt person.

• (5A) Entering land in Scotland with sound equipment in the circumstances mentioned in subsection (4)(b) above is not an exercise of access rights within the meaning of the Land Reform (Scotland) Act 2003 (asp 2).

• (6) In this section—

• “exempt person” has the same meaning as in section 63;

• “sound equipment” means equipment designed or adapted for amplifying music and any equipment suitable for use in connection with such equipment, and “music” has the same meaning as in section 63; and

• “vehicle” has the same meaning as in section 61.

Raves: power to stop persons from proceeding.

65

• (1) If a constable in uniform reasonably believes that a person is on his way to a gathering to which section 63 applies in relation to which a direction under section 63(2) is in force, he may, subject to subsections (2) and (3) below—

• (a) stop that person, and

• (b) direct him not to proceed in the direction of the gathering.

• (2) The power conferred by subsection (1) above may only be exercised at a place within 5 miles of the boundary of the site of the gathering.

• (3) No direction may be given under subsection (1) above to an exempt person.

• (4) If a person knowing that a direction under subsection (1) above has been given to him fails to comply with that direction, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

• (6) In this section, “exempt person” has the same meaning as in section 63.

Power of court to forfeit sound equipment.

66

• (1) Where a person is convicted of an offence under section 63 in relation to a gathering to which that section applies and the court is satisfied that any sound equipment which has been seized from him under section 64(4), or which was in his possession or under his control at the relevant time, has been used at the gathering the court may make an order for forfeiture under this subsection in respect of that property.

• (2) The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment.

• (3) In considering whether to make an order under subsection (1) above in respect of any property a court shall have regard—

• (a) to the value of the property; and

• (b) to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).

• (4) An order under subsection (1) above shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.

• (5) Except in a case to which subsection (6) below applies, where any property has been forfeited under subsection (1) above, a magistrates’ court may, on application by a claimant of the property, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the property to the applicant if it appears to the court that he is the owner of the property.

• (6) In a case where forfeiture under subsection (1) above has been by order of a Scottish court, a claimant such as is mentioned in subsection (5) above may, in such manner as may be prescribed by act of adjournal, apply to that court for an order for the return of the property in question.

• (7) No application shall be made under subsection (5), or by virtue of subsection (6), above by any claimant of the property after the expiration of 6 months from the date on which an order under subsection (1) above was made in respect of the property.

• (8) No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property or that he did not know, and had no reason to suspect, that the property was likely to be used at a gathering to which section 63 applies.

• (9) An order under subsection (5), or by virtue of subsection (6), above shall not affect the right of any person to take, within the period of 6 months from the date of an order under subsection (5), or as the case may be by virtue of subsection (6), above, proceedings for the recovery of the property from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease.

• (10) The Secretary of State may make regulations for the disposal of property, and for the application of the proceeds of sale of property, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5), or by virtue of subsection (6), above has been made within the period specified in subsection (7) above or no such application has succeeded.

• (11) The regulations may also provide for the investment of money and for the audit of accounts.

• (12) The power to make regulations under subsection (10) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (13) In this section—

• “relevant time”, in relation to a person—convicted in England and Wales of an offence under section 63, means the time of his arrest for the offence or of the issue of a summons in respect of it;so convicted in Scotland, means the time of his arrest for, or of his being cited as an accused in respect of, the offence;

• “sound equipment” has the same meaning as in section 64.

Retention and charges for seized property

Retention and charges for seized property.

67

• (1) Any vehicles which have been seized and removed by a constable under section 62(1) , 62C(3) or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below.

• (2) Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63.

• (3) The Secretary of State may make regulations—

• (a) regulating the retention and safe keeping and the disposal and the destruction in prescribed circumstances of vehicles; and

• (b) prescribing charges in respect of the removal, retention, disposal and destruction of vehicles.

• (4) Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority.

• (5) Regulations under subsection (3) above may make different provisions for different classes of vehicles or for different circumstances.

• (6) Any charges under subsection (4) above shall be recoverable as a simple contract debt.

• (7) Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid.

• (8) The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) In this section—

• “conclusion of proceedings” against a person means—his being sentenced or otherwise dealt with for the offence or his acquittal;the discontinuance of the proceedings; orthe decision not to prosecute him,whichever is the earlier;

• “sound equipment” has the same meaning as in section 64; and

• “vehicle” has the same meaning as in section 61.

Disruptive trespassers

Offence of aggravated trespass.

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• (1) A person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air, does there anything which is intended by him to have the effect—

• (a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,

• (b) of obstructing that activity, or

• (c) of disrupting that activity.

• (1A) The reference in subsection (1) above to trespassing includes, in Scotland, the exercise of access rights (within the meaning of the Land Reform (Scotland) Act 2003 (asp 2)) up to the point when they cease to be exercisable by virtue of the commission of the offence under that subsection.

• (2) Activity on any occasion on the part of a person or persons on land is “lawful” for the purposes of this section if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.

• (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three 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 this section “land” does not include—