[g8-sheffield] section 14 supported by Sheffield city council

Thu Jun 2 16:47:36 BST 2005

From
http://www.uk-legislation.hmso.gov.uk/acts/acts1994/Ukpga_19940033_en_6.htm

(a bit long and boring stuff)

-- Trespassory assemblies

Trespassory assemblies.

         70.    In Part II of the [1986 c. 64.] Public Order Act 1986
(processions and assemblies), after section 14, there shall be inserted
the following sections—

"Prohibiting trespassory assemblies.

         14A.    —  (1) If at any time the chief officer of police
reasonably believes that an assembly is intended to be held in any
district at a place on land to which the public has no right of access
or only a limited right of access and that the assembly—

        (a) is likely to be held without the permission of the occupier
of the land or to conduct itself in such a way as to exceed the limits
of any permission of his or the limits of the public's right of access, and

        (b) may result— (i) in serious disruption to the life of the
community, or (ii) where the land, or a building or monument on it, is
of historical, architectural, archaeological or scientific importance,
in significant damage to the land, building or monument,

he may apply to the council of the district for an order prohibiting for
a specified period the holding of all trespassory assemblies in the
district or a part of it, as specified.

     (2) On receiving such an application, a council may—

        (a) in England and Wales, with the consent of the Secretary of
State make an order either in the terms of the application or with such
modifications as may be approved by the Secretary of State; or

        (b) in Scotland, make an order in the terms of the application.

     (3) Subsection (1) does not apply in the City of London or the
metropolitan police district.

     (4) If at any time the Commissioner of Police for the City of London
or the Commissioner of Police of the Metropolis reasonably believes that
an assembly is intended to be held at a place on land to which the
public has no right of access or only a limited right of access in his
police area and that the assembly—

        (a) is likely to be held without the permission of the occupier
of the land or to conduct itself in such a way as to exceed the limits
of any permission of his or the limits of the public's right of access, and

        (b) may result— (i) in serious disruption to the life of the
community, or (ii) where the land, or a building or monument on it, is
of historical, architectural, archaeological or scientific importance,
in significant damage to the land, building or monument,

he may with the consent of the Secretary of State make an order
prohibiting for a specified period the holding of all trespassory
assemblies in the area or a part of it, as specified.

     (5) An order prohibiting the holding of trespassory assemblies
operates to prohibit any assembly which—

        (a) is held on land to which the public has no right of access or
only a limited right of access, and

        (b) takes place in the prohibited circumstances, that is to say,
without the permission of the occupier of the land or so as to exceed
the limits of any permission of his or the limits of the public's right
of access.

     (6) No order under this section shall prohibit the holding of
assemblies for a period exceeding 4 days or in an area exceeding an area
represented by a circle with a radius of 5 miles from a specified centre.

     (7) An order made under this section may be revoked or varied by a
subsequent order made in the same way, that is, in accordance with
subsection (1) and (2) or subsection (4), as the case may be.

     (8) Any order under this section shall, if not made in writing, be
recorded in writing as soon as practicable after being made.

     (9) In this section and sections 14B and 14C—

       "assembly" means an assembly of 20 or more persons;

       "land" means land in the open air;

       "limited", in relation to a right of access by the public to land,
means that their use of it is restricted to use for a particular purpose
(as in the case of a highway or road) or is subject to other restrictions;

       "occupier" means— (a) in England and Wales, the person entitled to
possession of the land by virtue of an estate or interest held by him;
or (b) in Scotland, the person lawfully entitled to natural possession
of the land,and in subsections (1) and (4) includes the person
reasonably believed by the authority applying for or making the order to
be the occupier;

       "public" includes a section of the public; and

       "specified" means specified in an order under this section.

     (10) In relation to Scotland, the references in subsection (1) above
to a district and to the council of the district shall be construed—

        (a) as respects applications before 1st April 1996, as references
to the area of a regional or islands authority and to the authority in
question; and

        (b) as respects applications on and after that date, as
references to a local government area and to the council for that area.

     (11) In relation to Wales, the references in subsection (1) above to
a district and to the council of the district shall be construed, as
respects applications on and after 1st April 1996, as references to a
county or county borough and to the council for that county or county
borough.

Offences in connection with trespassory assemblies and arrest therefor.

         14B.    —  (1) A person who organises an assembly the holding of
which he knows is prohibited by an order under section 14A is guilty of
an offence.

     (2) A person who takes part in an assembly which he knows is
prohibited by an order under section 14A is guilty of an offence.

     (3) In England and Wales, a person who incites another to commit an
offence under subsection (2) is guilty of an offence.

     (4) A constable in uniform may arrest without a warrant anyone he
reasonably suspects to be committing an offence under this section.

     (5) A person guilty of an offence under subsection (1) is liable on
summary conviction to imprisonment for a term not exceeding 3 months or
a fine not exceeding level 4 on the standard scale or both.

     (6) A person guilty of an offence under subsection (2) is liable on
summary conviction to a fine not exceeding level 3 on the standard scale.

     (7) A person guilty of an offence under subsection (3) is liable on
summary conviction to imprisonment for a term not exceeding 3 months or
a fine not exceeding level 4 on the standard scale or both,
notwithstanding section 45(3) of the [1980 c. 43.] Magistrates' Courts
Act 1980.

     (8) Subsection (3) above is without prejudice to the application of
any principle of Scots Law as respects art and part guilt to such
incitement as is mentioned in that subsection.
"
.

Trespassory assemblies: power to stop persons from proceeding.

         71.    After the section 14B inserted by section 70 in the [1986
c. 64.] Public Order Act 1986 there shall be inserted the following section—

"Stopping persons from proceeding to trespassory assemblies.

         14C.    —  (1) If a constable in uniform reasonably believes
that a person is on his way to an assembly within the area to which an
order under section 14A applies which the constable reasonably believes
is likely to be an assembly which is prohibited by that order, he may,
subject to subsection (2) below—

        (a) stop that person, and

        (b) direct him not to proceed in the direction of the assembly.

     (2) The power conferred by subsection (1) may only be exercised
within the area to which the order applies.

     (3) A person who fails to comply with a direction under subsection
(1) which he knows has been given to him is guilty of an offence.

     (4) A constable in uniform may arrest without a warrant anyone he
reasonably suspects to be committing an offence under this section.

     (5) A person guilty of an offence under subsection (3) is liable on
summary conviction to a fine not exceeding level 3 on the standard scale.
"
.

Squatters

Violent entry to premises: special position of displaced residential
occupiers and intending occupiers.

         72.—(1) Section 6 of the [1977 c. 45.] Criminal Law Act 1977
(which penalises violence by a person for securing entry into premises
where a person on the premises is opposed and is known to be opposed to
entry) shall be amended as follows.

     (2) After subsection (1), there shall be inserted the following
subsection—
   	"(1A) Subsection (1) above does not apply to a person who is a
displaced residential occupier or a protected intending occupier of the
premises in question or who is acting on behalf of such an occupier; and
if the accused adduces sufficient evidence that he was, or was acting on
behalf of, such an occupier he shall be presumed to be, or to be acting
on behalf of, such an occupier unless the contrary is proved by the
prosecution."
.

     (3) In subsection (2), at the beginning, there shall be inserted the
words "Subject to subsection (1A) above,".

     (4) Subsection (3) (which is superseded by the provision made by
subsection (2) above) shall be omitted.

     (5) In subsection (7), at the end, there shall be inserted the words
"and section 12A below contains provisions which apply for determining
when any person is to be regarded for the purposes of this Part of this
Act as a protected intending occupier of any premises or of any access
to any premises.".

Adverse occupation of residential premises.

         73.    For section 7 of the Criminal Law Act 1977 (trespassers
failing to leave premises after being requested to do so by specified
persons to be guilty of an offence) there shall be substituted the
following section—

"Adverse occupation of residential premises.

         7.    —  (1) Subject to the following provisions of this section
and to section 12A(9) below, any person who is on any premises as a
trespasser after having entered as such is guilty of an offence if he
fails to leave those premises on being required to do so by or on behalf of—

        (a) a displaced residential occupier of the premises; or

        (b) an individual who is a protected intending occupier of the
premises.

     (2) In any proceedings for an offence under this section it shall be
a defence for the accused to prove that he believed that the person
requiring him to leave the premises was not a displaced residential
occupier or protected intending occupier of the premises or a person
acting on behalf of a displaced residential occupier or protected
intending occupier.

     (3) In any proceedings for an offence under this section it shall be
a defence for the accused to prove—

        (a) that the premises in question are or form part of premises
used mainly for non-residential purposes; and

        (b) that he was not on any part of the premises used wholly or
mainly for residential purposes.

     (4) Any reference in the preceding provisions of this section to any
premises includes a reference to any access to them, whether or not any
such access itself constitutes premises, within the meaning of this Part
of this Act.

     (5) A person guilty of an offence under this section shall be liable
on summary conviction to imprisonment for a term not exceeding six
months or to a fine not exceeding level 5 on the standard scale or to both.

     (6) A constable in uniform may arrest without warrant anyone who is,
or whom he, with reasonable cause, suspects to be, guilty of an offence
under this section.

     (7) Section 12 below contains provisions which apply for determining
when any person is to be regarded for the purposes of this Part of this
Act as a displaced residential occupier of any premises or of any access
to any premises and section 12A below contains provisions which apply
for determining when any person is to be regarded for the purposes of
this Part of this Act as a protected intending occupier of any premises
or of any access to any premises.
"

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