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A person disobeying such a direction or returning to the land as a trespasser within 3 months commits an offence contrary to s 69(3).
As with s 68 the words "in the open air" in s 69 were removed by s 59 of the Anti-social Behaviour Act 2003.
Section 65 provides a constable in uniform with a power to stop persons from proceeding to a gathering to which s 63 applies.
Section 68(1) CJPOA formerly provided that a person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air, does there anything which is intended by him to have the effect: Section 59 of the Anti-social Behaviour Act 2003 amended s 68 by removing the words "in the open air".
Section 69(1) enables the senior police officer present at the scene to order persons to leave the land if he or she reasonably believe they are committing, have committed or intend to commit the offence of aggravated trespass.
Trespassing on land does not, in itself, amount to the commission of the offence: there must be trespassing on land together with the ss (1) additional conduct.
It seems that mere presence as a trespasser will not be sufficient.
The Act also introduced powers to direct trespassers to leave land and amended existing legislation in relation to the use of violence to secure entry to premises.
Suspects involved in offences dealt with in this guidance may be motivated by ideological beliefs and/or be of previous good character.
However, where participation in group misconduct is the mischief aimed at by the offence, the fact that a particular defendant may be peripheral, is not in itself a reason not to prosecute.
Section 61 CJPOA (Stones: 8-24900) enables a police officer to direct trespassers on land (who are there with the common purpose of residing there for any period) to leave the land where the occupier has taken steps to ask them to do so, and either: Failure to obey a direction to leave or returning to the land as a trespasser within 3 months is an offence.
Section 62 provides a power for the police to seize vehicles of persons failing to comply with a direction under s6 1.
The senior officer present at the scene has to believe that the conditions set out in s 62(1) have been fulfilled.
Such factors do not mean that the public interest can never require a prosecution.Tags: Adult Dating, affair dating, sex dating