Clause 62 - Offence of trespassing with intent to commit criminal offence

Criminal Justice Bill – in a Public Bill Committee am 3:45 pm ar 23 Ionawr 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Chris Philp Chris Philp The Minister of State, Home Department

I hope that we now sail into less contentious waters. This clause recreates, in modern terminology, the current offence from the Vagrancy Act 1824 of being on enclosed premises for unlawful purposes. While a great deal of the Vagrancy Act is outdated and needs either repealing or replacing, we know through engagement with the police and other stakeholders that this particular offence is still used. It is still useful when someone is found on premises where they should not be and there are reasonable grounds to suspect that they are intending to commit a crime. It could be any crime—it does not necessarily have to be linked to begging or rough sleeping, and is probably rarely, if ever, linked in that way. Accordingly, this clause makes it an offence for a person to trespass on any premises, which covers

“any building, part of a building or enclosed area”,

with the intention to commit any offence. The maximum penalty for this summary offence upon summary conviction is three months’ imprisonment, a level 3 fine, which is £1,000, or both.

I checked whether there had been convictions using the offence from the Vagrancy Act, and there have been quite a few in the last few years, numbering in the hundreds, so it is actually used by police. I was made aware of a case involving a former premier league footballer. Somebody was found on their residential premises. They had not stolen anything, but it was reasonably suspected that they might, and a conviction was secured using those provisions. The offence is useful for the police in some circumstances, which is why we are seeking to legislate here.

Question put and agreed to.

Clause 62 accordingly ordered to stand part of the Bill.