§ Mr. ButlerTo ask the Secretary of State for the Environment if he will bring forward proposals to introduce stronger powers to curb the abuse through trespass and damage to property and public land by itinerants.
§ Mr. Peter LloydI have been asked to reply.
Anyone who causes damage to property can be prosecuted under the Criminal Damage Act 1971. Under section 1 of the Criminal Damage Act 1971 it is an offence, punishable by up to 10 years' imprisonment, or life in the case of arson, to destroy or damage recklessly or intentionally any property belonging to another person without lawful excuse. Under section 3 of the Act it is an offence to possess anything with the intent to destroy or damage property. The police have the power to arrest any person whom they reasonably suspect has committed or is about to commit an offence of criminal damage. Simple trespass is a civil matter, but in certain circumstances, where trespass is accompanied by aggravating factors, including damage to property on the land, section 39 of the Public Order Act 1986 applies. The Government have recently reviewed section 39 and will announce their conclusions very soon.