Use dispersal order to move travellers on, (Letters, June 23), says Cllr Andy Morgan. Can't do that, say the Lib Dems.
Here is the law in black and white:
The Criminal Justice and Public Order Act 1994 gives local authorities the power to direct persons to leave land and remove any vehicles or property.
If a direction is not complied with, a Magistrates Court Order can be obtained, requiring the removal of any persons together with their vehicles and property.
If a person fails to comply with such a direction or complies but then re-enters the land within three months, an offence is committed which is punishable by a fine.
Under common law eviction, where council land is occupied by trespassers, the council is not obliged to go to the courts to obtain possession.
The council can lawfully eject such trespassers, provided that no more force is used than is reasonably necessary.
However, the government's Good Practice Guide states that local authorities should, where appropriate, follow a route which requires a court order.
Gee, I hear the readers say, he must be a lawer. Not a bit of it. Less than two minutes on the internet found the above!
The amount of money our council costs us, I expect a bit more action.
If someone is trespassing, fly-tipping and causing damage to council property and a public nuisance, there is no argument, minority group or not.
So, council, stop pussyfooting around. The law is clear - use it.
Ainslie Casson MA
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