Section 77 of the Criminal Justice and Public Order Act 1994 (CJPOA) gives local authorities the power to direct individuals to remove their vehicles and belongings and to leave highway land, or any land occupied without the consent of the landowner, whether owned by the local authority itself or by any other public or private landowner.
If the campers have failed to move and/or remove any vehicles and other property by the date specified in the Direction, or return to the same location within three months of the date of the Direction, they are then committing a criminal offence and may be arrested by the police. If a prosecution is successful they may then be given a custodial sentence of up to three months, or be liable to a fine of up to £1,000.
Alternatively, the council may pursue unauthorised campers who have contravened a direction under Section 77 by using their powers under Section 78 of the CJPOA. This allows local authorities to advise the Magistrates' Court of the contravention and, if the court is satisfied, then they may grant an Order for Removal of Persons and Vehicles.
Before commencing any action to evict an unauthorised encampment, local authorities have an obligation to carry out welfare assessments of the unauthorised campers. This may necessitate the involvement of local NHS bodies, where health issues are apparent.
Part 55 of Civil Procedure Rules allows any landowner to regain possession of his/her land.
The first step is for the landowner to ask the trespassers to leave the land.
If they refuse to do so, or ask to be allowed to remain for what the landowner considers to be an unacceptable time period, the landowner can then begin action against the unauthorised campers through the County Court.
It should be noted that, where the landowner is a local authority or other public body, the necessary welfare assessments should be carried out alongside the court procedures and should be completed before any eviction is carried out.
