The powers library50 of 59 Public order and ASB

Power to remove trespassers on land

s.61Criminal Justice and Public Order Act 1994

The senior officer at the scene may direct two or more people trespassing on land with a common purpose of residing there to leave, and to take their vehicles and property, where the occupier has asked them to go and damage, disruption or distress has been caused or there are six or more vehicles.

Power to remove trespassers on land · Criminal Justice and Public Order Act 1994, s.61Card 50 / 59

When you can use it

s.61(1)The senior police officer present reasonably believes that two or more persons are trespassing on land
They are there with the common purpose of residing there for any period
Reasonable steps have been taken by or on behalf of the occupier to ask them to leave
s.61(1)(a)(i)Any of them has caused damage, disruption or distress (see s.61(10)), or
s.61(1)(b)They have between them six or more vehicles on the land
s.61(2)If they were not trespassers at first, the officer must reasonably believe the conditions were met after they became trespassers

What it allows

Direct those persons, or any of them, to leave the land.
Direct them to remove any vehicles or other property they have with them.
If the officer giving the direction does not communicate it, any constable at the scene may do so (s.61(3)).

Key definitions

Land – s.61(9): does not include buildings, except agricultural buildings and scheduled monuments. In England and Wales it now includes highways.
Residing – s.61(9): a person can have a purpose of residing on the land even though they have a home elsewhere.
Vehicle – s.61(9): any vehicle, roadworthy or not, including a chassis or body, its load and a caravan.
Damage – s.61(10): includes damage to the land, to others’ property on it, and to the environment (excessive noise, smells, litter or waste).
Disruption – s.61(10): interference with lawful use of the land, access to services or facilities on it, or a supply of water, energy or fuel.
Distress – s.61(10): caused by threatening, abusive or insulting words or behaviour, disorderly behaviour, or a threatening, abusive or insulting display.
Common land – s.61(7): trespass includes infringing commoners’ rights, and the occupier includes the commoners and the local authority.

Safeguards

Every belief must be reasonable and held by the senior officer present.
The direction must be proportionate. Consider welfare and Article 8 ECHR (private and family life, home), especially where children, illness or disability are involved.
Good practice: record the grounds, the direction, when and to whom it was given, and the time allowed to leave.

Good to know

Offence – s.61(4): knowing of the direction, failing to leave as soon as reasonably practicable, or re-entering as a trespasser within three months of the direction. Summary: up to 3 months and/or a level 4 fine. Defences: not trespassing, or reasonable excuse (s.61(6)).
Recent change: the Crime and Policing Act 2026 (s.168) cut the re-entry period from 12 months back to three months, in force from 29 June 2026. The same change applies to s.60C, s.62 and ss.62B–62C.
A constable who reasonably suspects that a person subject to the direction has, without reasonable excuse, failed to remove a vehicle, or brought one back as a trespasser within three months, may seize and remove it (s.62).
Related: the s.62A direction where a suitable pitch is available, and the s.60C offence of residing on land in or with a vehicle.

Legislation: Criminal Justice and Public Order Act 1994, s.61 (opens legislation.gov.uk in a new tab)
Who can use it: The senior police officer present at the scene
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Power to remove trespassers on land: questions people ask

When can the police use power to remove trespassers on land?

1. The senior police officer present reasonably believes that two or more persons are trespassing on land 2. They are there with the common purpose of residing there for any period 3. Reasonable steps have been taken by or on behalf of the occupier to ask them to leave 4. Any of them has caused damage, disruption or distress (see s.61(10)), or 5. They have between them six or more vehicles on the land 6. If they were not trespassers at first, the officer must reasonably believe the conditions were met after they became trespassers

Who can use power to remove trespassers on land?

The senior police officer present at the scene.

What law gives the power for power to remove trespassers on land?

Criminal Justice and Public Order Act 1994, s.61.

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