Creating a criminal
offence of squatting is unnecessary, says Law
Society
The Law Society has described
Government plans to create a new criminal offence of squatting as
entirely disproportionate.
Responding today to the Ministry
of Justice's 'Options for dealing with squatting'
consultation, the Law Society said while squatting is
understandably a concern to the public, current legislation is
adequate to deal with the problem.
Law Society President John
Wotton said; “It is quite mistaken to create a new offence
without the evidence to support it. Indeed, the Government
consultation acknowledges a lack of statistical evidence. The
proposals in this consultation are based on misunderstandings,
repeated by the media, of the scale of the problem and of the
current law, which is both comprehensive and
effective.”
“The consultation proposes
to create a new criminal offence of squatting. This is unnecessary
as it is our experience that squatting is not a very significant
problem and that where it does occur there are a range of laws both
civil and criminal that are adequate to deal with it. We urge the
government to conduct statistical research before reacting to
media-driven public concerns.
“The consultation has
partly been prompted by the media interest in cases such as that of
Dr Oliver Cockerell and his pregnant wife, Mrs Cockerell. The media
reported that the police told the Cockerells that the law did not
allow them to remove the squatters. This is legally
incorrect. Criminal offences already exist for a
squatter occupying a residential home. Under the Criminal Law Act
1977, it is a criminal offence for a squatter to remain if they
have been informed of a displaced occupier or a protected occupier.
The police can arrest a squatter who does not leave, as a
trespasser. Squatting in a commercial property is a criminal
offence once the interim possession order is made and served and
the squatters have not left within 24 hours.”
- John Wotton added;
“Improvements should come from changes to the court process,
not the legal framework. Increased guidance and training on the
legal mechanisms that are already in place should be provided to
the public and the police. This will help to counter misinformation
and public
concern.”
Ends
Notes to Editors:
The Law Society is the
representative body for more than 145,000 solicitors in England and
Wales ('the Society'). The Society negotiates on behalf of the
profession, and lobbies regulators, government and
others.
This response has been drafted
with the assistance of members of the Law Society's Housing Law
Committee, which is made up of specialist legal practitioners who
advise a wide range of clients including local authorities and
housing associations.
Contact: Catherine Reed, The Law
Society
+44 (0)20 7320 5902