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Anti-social Behaviour Act 2003

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This is the original version (as it was originally enacted).

61Failure to comply with direction: offences

This section has no associated Explanatory Notes

After section 62A of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 60) insert—

62BFailure to comply with direction under section 62A: offences

(1)A person commits an offence if he knows that a direction under section 62A(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 area of the relevant local authority 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 section 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 section may arrest him without a warrant.

(5)In proceedings for an offence under this section 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, or

(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 area of the relevant local authority 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.

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