Trespass on its own is not a criminal offence (i.e. an offence for which the Police have any powers), it is a civil matter. However, each unauthorised encampment is closely monitored and all circumstances surrounding the actions of those on the encampment are taken into account when the use of Section 61 of the Criminal Justice and Public Order Act 1994 is being considered by the Police. Once the use of this power has been activated, failure by the Unauthorised Encampers to comply with the requirement made by the Police to leave, or that particular group return to the same land within three months, they commit another offence for which there is power of arrest.
In order to investigate criminal activity, written evidence from witnesses must be provided to police and an agreement to support any subsequent prosecution.
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