e r u s Section 144 of Legal Aid , Sentencing an d o Punishment - PowerPoint PPT Presentation

e r u s Section 144 of Legal Aid , Sentencing an d o Punishment of Offenders Act 201 2 l c (Offence of squatting in a residential building ) s i D A An overview of the new offence - guidance for polic e I provided in conjunction with the Ministry of Justic e O F S P M ~~~ : METROPOLITAN Working together for a safer London ~~% POLICE

e Introductio n r u s • Section 144 of the Legal Aid , Sentencing and Punishment of Offender s o Act 2012 creates a new offence of squatting in a residential building , l c which will apply throughout England and Wales . s • The offence was introduced following public concern about the har m i D that trespassers can cause , and will protect owners and lawful occupier s A of any type of residential building . I O • This includes homeowners and tenants who might have been exclude d from their homes by trespassers , but it will also protect landlords , F second homeowners and local authorities who discover trespassers in S any residential property that they own or control even if no one is living P there at the time the trespassers enter . M METROPOLITAN POLICE

e Objective s r u s o l c • To provide an overview of the new offenc e s i • To explain police power s D • Provide a consideration of alternative offence s A I • To explain police action in response to Section 6 O Criminal Law Act 1977 'Squatters' rights ' F • Managing enforcement issue s S P M METROPOLITAN POLI CE f

e Subsection 1 - The Offence r u Points to p rov e s o l • A person is in a residential building as a trespasse r c having entered it as such ; s i D • The person knows or ought to know that they are a trespasser ; an d A • The person is living in the building or intends to live I O there for any period . F S P M METROPOLITAN POLI CE f

e A p erson is in a residential building as a r u tres p asser having entered it as such ; s o • Offence will not apply to a person who entere d l c building with property owner ' s permission e . g . a s legitimate tenan t i D • This is so even if a legitimate tenant subsequentl y A falls behind with rent payments or decides to withhol d I rent . Such a person is not a trespasser for the O purposes of this offence . A property owner would be F expected to pursue established eviction processes i n S the civil courts if they wanted to regain possession of P their property in such circumstances . M METROPOLITAN POLI CE f

e The p erson knows or ought to know that r u they are a trespasser ; s o l c • Will not capture people who entered property in good s faith reasonably believing they had permission to do s o i D • For example , where bogus letting agent encourage d A an unsuspecting tenant to occupy somebody else ' s I property . O F S P M METROPOLITAN POLI CE f

e The person is living in the building or intends r u to live there for any perio d s o l c Ensures that the offence does not apply to people wh o s are in the residential building momentarily or have n o i D intention of living there . A A person who enters somebody ' s entrance hall o r I porch to deliver junk mail will not be guilty of a n O offence ! F S P M METROPOLITAN POLI CE f

e Subsection 2 - 'Holding Over ' r u s o l c • Land law term where a tenancy or licence comes to a n s end , but the tenant or licensee remains in occupatio n i D • Offence cannot be committed by a person 'holdin g A over' (even if the person leaves and re-enters th e I building) . O F S P M METROPOLITAN POLI CE f

e Subsection 3 - Residential Buildin g r u s • Definition of ` residential ' building : o A) any structure or part of a structure which has bee n l c designed or adapted for use as a place to live . s i • This ensures the offence covers barn conversions etc . D B) Building must have been designed or adapted before the A time of entry for use as place to live . I O • A person who modifies a non-residential building b y F placing his bedding and personal effects in it would no t be committing an offenc e S P M METROPOLITAN POLI CE f

e Subsection 5 -Penaltie s r u s o l c • Summary trial onl y s i • Maximum penalty of six months ' imprisonment and / o r D level 5 fin e A I O F S P M METROPOLITAN POLI CE f

e Subsection 7 r u s • Provides that the offence applies regardless o f o whether the trespasser entered the property before o r l c after commencement of section 14 4 s i • Designed to stop trespassers rushing to occupy D residential buildings before the offence comes into A forc e I O • Also mean that trespassers who have been living i n F the premises for many months or years prior t o commencement may be guilty of an offenc e S P M METROPOLITAN POLI CE f

e Subsection 8 -Powers of entr y r u s o l c • Section 17 of the Police and Criminal Evidence Ac t s 1984 amended to give police the power to ente r i D premises to make an arres t A • Power limited to uniformed police officer s I O F S P M METROPOLITAN POLI CE f

e P ower of arres t r u s o l c • Provided by section 24 of PAC E s i • Subject to necessity and PACE Code G (Arrest ) D A I O F S P M METROPOLITAN POLI CE f

e Alternative offence s r u Section 1 Criminal Damage Act 197 1 • s o • Section 1 Theft Act 1968 - Thef t l c • Section 9 Theft Act 1968 - Burglar y s i Section 13 Theft Act 1968 - Abstracting Electricit y D • Section 76 Criminal Justice and Public Order Act 199 4 • A Breach of interim possession orde r I O Section 7 Criminal law Act 1977 - Adverse occupatio n • F Protects 'displaced residential occupiers' and S 'protected intended occupiers' with wider definition o f P residential premises that includes ancillary lan d M METROPOLITAN POLI CE f

e Section 6 Criminal Law Act 1977 r u 'Squatters' rights ' s o • Offence for a person, without lawful authority, to use o r l c threaten violence to secure entry to premises agains t s the will of those inside . i D • The offence is committed where the person who use s A or threatens such violence knows that there i s I someone inside the premises who is opposed to th e O entry which can include someone who ma y F themselves be a trespasser . S P M METROPOLITAN POLI CE f

e 'Squatters' rights' notice s r u s • The police will have a specific power , under sectio n o 17 of PACE , to enter the property to arrest a perso n l c who is suspected of squatting in a residential building . s i • The police should not therefore be deterred if the y D see a ` squatters ' rights ' notice on the door of a A residential building asserting that it would be an I offence for anyone ( including the police ) to break into O the property because they have lawful authority to F enter the property to make an arrest . S P M METROPOLITAN POLI CE f

e ' Squatters ' ri g hts ' in non - residential r u propert y s o ` squatters rights ' notice s • It is anticipated that the use of l c on residential buildings will diminish once the offenc e s comes into force but they might continue to be used b y i D squatters in non - residential buildings . A • However , the offence in section 6 of the 1977 Ac t I would not affect the lawful exercise by police of their O powers under PACE to enter residential or non - F residential premises to make an arrest for any othe r S indictable offence s P M METROPOLITAN POLI CE f

e Managing enforcemen t r u s Commences 1 September 201 2 • o l • Victim expectations - what outcome is being sought ? c What support can be offered ? s i D • Proportionality and necessity - consider and documen t circumstance s A • I Protection of children - consider duty of car e O • C R IS report - MPS'recordable' offenc e F CRIMIN T • S • Merlin PA C P M METROPOLITAN POLI CE f

e Support service s r u s • Consider options for homeles s o • Local Authorities - contact to assess housing option s l c s • Homeless Charities - which local organisations ca n i D provide support ? • Pan London hotline 'No Second Night Out' 087 0 A 3833333 . I O • Further local rough sleeping contact numbers can b e F found a t S http :// www . communities . gov . uk / documents / housing / xl s P /2052062 .xl s M METROPOLITAN POLI CE f