Commentary on Sections Part 7: Public Order and Trespass Section 61: Failure to comply with direction: offences
131.This section inserts a new section 62B into the 1994 Act. Its effect is that a person commits an offence if he fails to comply with a direction given under section 62A, or if, within 3 months of the direction being given, he returns to any land in the area of the relevant local authority as a trespasser with the intention of residing there. The maximum penalty is 3 months imprisonment or a level 4 fine (or both). Subsection (5) provides a defence to this offence if the accused was not a trespasser, or had a reasonable excuse for failing to leave or returning to relevant land, or was under 18 and living with his parent or guardian when the direction under section 62A was given.