Commentary on Sections Part 7: Public Order and Trespass Section 60: Power to remove trespassers: alternative site available
130.This section inserts a new section 62A into the Criminal Justice and Public Order Act 1994 so as to create a new power for a senior police officer to direct a person to leave land and remove any vehicle or other property with him on that land. Subsection (2) sets out the conditions that the senior police officer must believe to be satisfied before he can give a direction to leave the land to a person. At least two persons must be trespassing on land; they must have between them at least one vehicle; they must be present on the land with the intent of residing there; and the occupier of the land must have asked the police to remove them. In addition, it must appear to the senior police officer, after consultation with the local authority, that there are relevant caravan sites with suitable pitches available for the trespassers to move to. Subsections (6) and (7) enable the Secretary of State to make an order subject to the negative resolution procedure to change the definition of ‘relevant site manager’.