Removal of Unauthorised Encampments

Criminal Justice and Public Order Act 1994, s.61

Warrant: No
Force: No
Notice: No

Where a senior police officer reasonably believes that two or more persons are trespassing on land with the purpose of residing there, and that reasonable steps have been taken by or on behalf of the occupier to ask them to leave, the officer may direct the trespassers to leave and remove any vehicles or property. Failure to comply or returning within 3 months is a criminal offence.

Updated 16 October 2026: condition wording aligned with s.61(1)(a)(i) and (b) of the Criminal Justice and Public Order Act 1994 as amended by the Police, Crime, Sentencing and Courts Act 2022, s.84.

Conditions

A senior officer must believe two or more persons are trespassing on land to reside
Reasonable steps must have been taken by the occupier to ask them to leave
At least one of the additional conditions must be met: any of those persons has caused damage, disruption or distress, or the persons have between them six or more vehicles on the land (s.61(1)(a)(i) and (b))

Limitations

The power does not apply to persons occupying land as tenants or under a licence
Officers must consider welfare needs (children, elderly, pregnant women, disabled persons) before exercising the power
Highway land and common land may have different rules and protections

Last updated 16 October 2026. Reviewed 16 October 2026