The Unauthorised Encampments (Northern Ireland) Order 2005

Failure to comply with direction under Article 5: offencesN.I.

This section has no associated Explanatory Memorandum

6.—(1) A person commits an offence if he knows that a direction under Article 5(1) has been given which applies to him and—

(a)he fails to leave the relevant land as soon as reasonably practicable; or

(b)he enters any land in the district of the relevant district council as a trespasser before the end of the relevant period with the intention of residing there.

(2) The relevant period is the period of 3 months starting with the day on which the direction is given.

(3) A person guilty of an offence under this Article is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(4) A constable in uniform who reasonably suspects that a person is committing an offence under this Article may arrest him without a warrant.

(5) In proceedings for an offence under this Article it is a defence for the accused to show—

(a)that he was not trespassing on the land in respect of which he is alleged to have committed the offence;

(b)that he had a reasonable excuse—

(i)for failing to leave the relevant land as soon as reasonably practicable; or

(ii)for entering land in the district of the relevant district council as a trespasser with the intention of residing there; or

(c)that, at the time the direction was given, he was under the age of 18 years and was residing with his parent or guardian.