I write further to recent letters about travellers (The Argus, April 11 and 14), as initiated by Stuart Bower (April 8).

Sussex Police and local authorities work to agreed protocols when dealing with unauthorised encampments in Sussex.

Sussex Police aims to ensure a lawful, balanced, proportionate and consistent approach, in accordance with the Association of Chief Police Officers (ACPO) national guidance on the use of applicable legislation by the police.

It is the local authority’s responsibility to take the lead on managing unauthorised encampments.

The Criminal Justice and Public Order Act 1994 provides legislation specifically written in relation to unauthorised encampments.

The common law powers of breach of the peace, with a bind-over disposal, were intended for minor disputes and would not be workable in the circumstances of an encampment. These powers relate to individuals, not a group, and require the circumstances of the breach of the peace to be laid as information before a court, whereby they are bound over against a sum of money not to cause a breach of the peace in the future.

A civil trespass (which an unauthorised encampment is) is unlikely on its own to amount to a breach of the peace.

The Criminal Justice and Public Order Act 1994 does provide police with powers to act where certain criteria are met.

Section 61 provides a discretionary power for police to direct the removal of persons and their vehicles from the specific piece of land where they are trespassing, providing certain pre-conditions are met.

In broad terms, these are contingent upon damage and/or the commission of crime taking place.

If powers under this Act are not appropriate, police action will be focused upon intelligence gathering and reacting positively to any reports of criminal activity.

Section 61 is a power that can only be used in certain circumstances and it should be noted that its use is not always effective, as the requirement to leave only relates to the location they are on and not the entire local authority area.

In practice the use of this power will be limited to those occasions where the relevant legislative requirements are fully met and a need for immediate action has been demonstrated.

The mere presence of an encampment without any aggravating factors should not normally create an expectation that Sussex Police will use eviction powers.

The use of such powers can only be authorised by a superintendent after site visits and assessments conducted with the local authority.

Grenville Wilson, Superintendent, Sussex Police