HC Deb 04 November 1999 vol 337 cc300-1W
Mr. Clappison

To ask the Secretary of State for the Home Department how many persons have been convicted of offences under section 61 and section 77 of the Criminal Justice Act 1994 in each year since the implementation of the Act. [96665]

Mr. Charles Clarke

The information is given in the table.

Number of offenders convicted at all courts for offences under sections 61 and 77 of the Criminal Justice and Public Order Act 1994, England and Wales, 1995–981
Offence description 1995 1996 1997 19981
S61
Power to remove trespassers from land 3 6
S77
Power of local authority to direct unauthorised campers to leave land 31 2 4 3
1 Provisional

Mr. Clappison

To ask the Secretary of State for the Home Department what legal duty exists for the police to take into account social factors in exercising their power under Section 61 of the Criminal Justice Act 1994. [96664]

Mr. Charles Clarke

There is no statutory requirement on the police to take account of social factors in the exercise of their powers to direct trespassers to leave land under section 61 of the Criminal Justice and Public Order Act 1994. However, a recent court ruling indicated that the police should take into account factors of "common humanity" in reaching their decisions (Rv. West London Magistrates Court ex parte Small, Queen's Bench Division CO/3428/98).