Dr Julian Lewis MP asked, with reference to the Written Statement of 8 March 2021 on Strengthening Police Powers to Tackle Unauthorised Encampments, HCWS826, what criteria the courts will be required to apply to determine whether the (a) damage, (b) disruption and (c) distress which a person (i) has or (ii) is deemed likely to cause is significant; and what assessment her Department has made of whether it will be feasible to provide sufficient clarity in such criteria to allow for the practical application of that proposed legislation.
Kit Malthouse, The Minister of State, Home Department, replied that: “The Government will issue guidance relating to the exercise of the functions of police officers and constables in respect of trespassers on land. It will be for the courts to determine on a case by case basis when damage, disruption and distress is deemed to be significant.”
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