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08 July 2021
Issue: 7940 / Categories: Legal News , Public , Human rights , Criminal
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Police Bill endangers travellers’ rights

Gypsy, Roma and Traveller communities are at significant risk of having their human rights breached by legislation to criminalise unauthorised encampments, a Parliamentary committee has warned
In its third report into the controversial Police, Crime, Sentencing and Courts Bill, the Joint Committee on Human Rights examines Part 4 of the Bill, which relates to encampments. Part 4 introduces a criminal offence of trespass with intent to reside, along with additional police powers to seize mobile homes for up to three months where there is reasonable suspicion this offence has been committed.

The committee found the Bill would create extra burdens on public authorities dealing with people living in unauthorised encampments.

It urged the government instead to reintroduce the statutory duty on local authorities to provide sites for these communities, and to amend the bill so a criminal offence is committed only where an adequate authorised site has been made available.

It called for an amendment so that a caravan cannot be seized if it is a person’s principal home and they would have nowhere else to live. The legislation must be sufficient clear for the police to enforce its provisions, the committee said, and conditions entirely based on potential acts and potential impacts should be removed.

Committee chair Harriet Harman said: ‘This Bill takes a major step in making it a criminal offence for Gypsy, Roma and Travellers communities to be on private land without consent.’

Harman said the committee’s proposals would ensure the human rights of these communities are respected at the same times as landowners have their property rights protected.

The Bill passed its third reading this week. Attention has focused on several controversial aspects, notably extra powers for police to curb protests, including where only one person is protesting, on the basis of ‘noise’; increased powers of stop and search; and up to ten years in prison for damaging a memorial.

Issue: 7940 / Categories: Legal News , Public , Human rights , Criminal
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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