The team At Frank G Whitworth have been evicting travellers since 1948 with our sister Company Quality Bailiffs we are Professional Private Investigators and High Court Enforcement Officers who understand all about the importance of fast efficient evictions.
Traveller Evictions in Newark
Contact Frank G Whitworth/Quality Bailiffs Derby Office now to discuss using our Derby traveller eviction service.
01332 977 402
Bailey Brook House, Amber Drive, Langley Mill, NG16 4BE
Eviction of Travellers in Newark: Understanding Common Law & Sections 77 and 78 of the Criminal Justice and Public Order Act 1994
Evicting travellers from land in Newark, like elsewhere in the UK, involves legal processes that ensure both the rights of the landowners and the travellers are respected. Two primary legal routes for eviction are through common law and statutory provisions under Sections 77 and 78 of the Criminal Justice and Public Order Act 1994.
Common Law Eviction
Common law provides landowners with the right to evict travellers from their land. This process involves the following steps:
- Notice to Leave: The landowner must first request the travellers to vacate the land. This notice should be clear and specify a reasonable time frame for the travellers to leave voluntarily.
- Enforcement Agents: If the travellers do not leave within the specified period, the landowner can engage enforcement agents (also known as bailiffs). These agents are authorised to remove the travellers from the property.
- Use of Reasonable Force: The enforcement agents can use reasonable force to remove the travellers and their belongings from the land. However, the force used must be proportional to the situation, ensuring that no excessive harm is caused.
- Police Involvement: While common law evictions do not initially require police involvement, law enforcement may be called to ensure public order and prevent breaches of the peace.
Common law evictions are typically faster than statutory procedures but must be conducted lawfully to avoid allegations of harassment or unlawful eviction.
Sections 77 and 78 of the Criminal Justice and Public Order Act 1994
Sections 77 and 78 provide a statutory framework for the eviction of travellers from public land. These sections apply specifically to local authorities and involve a structured legal process.
Section 77: Direction to Leave Land
- Issuance of a Direction: Under Section 77, a local authority can issue a direction for travellers to leave the land. This direction must be in writing and specify a reasonable time for compliance.
- Service of the Direction: The direction must be served on the travellers, either by handing it to them personally or by attaching it to their vehicles or accommodation on the land.
- Compliance: Travellers are required to leave the land and remove their vehicles and belongings within the time specified in the direction.
- Offence for Non-Compliance: Failure to comply with the direction is a criminal offence, punishable by fines or imprisonment.
Section 78: Obtaining a Court Order
- Application to the Court: If travellers do not comply with a Section 77 direction, the local authority can apply to the Magistrates’ Court for an order under Section 78.
- Court Hearing: The court will hear the case and, if satisfied that the direction was lawful and reasonable, will grant an order for the removal of the travellers.
- Enforcement of the Order: The court order authorises the local authority to remove the travellers, their vehicles, and belongings from the land. Enforcement agents may be used to carry out the eviction.
- Police Assistance: The police may assist in the enforcement of the court order to maintain public order and ensure the eviction is carried out safely.
Considerations and Best Practices
- Human Rights: Both eviction processes must consider the human rights of the travellers, ensuring that actions taken are proportionate and lawful.
- Welfare Assessments: Local authorities are encouraged to conduct welfare assessments of the travellers to identify any specific needs or vulnerabilities.
- Alternative Sites: Providing information about alternative authorised sites can help mitigate the impact of eviction on the travellers.
Conclusion
Evicting travellers from land in Newark involves a balance between the rights of landowners and the needs of the traveller community. Whether using common law or statutory provisions under Sections 77 and 78 of the Criminal Justice and Public Order Act 1994, it is crucial to follow legal procedures meticulously. This ensures that the eviction process is fair, humane, and within the bounds of the law
The team At Frank G Whitworth have been evicting travellers since 1948 with our sister Company Quality Bailiffs we are Professional Private Investigators and High Court Enforcement Officers who understand all about the importance of fast efficient evictions.
Traveller Evictions in Newark
Contact Frank G Whitworth/Quality Bailiffs Derby Office now to discuss using our Derby traveller eviction service.
01332 977 402
Bailey Brook House, Amber Drive, Langley Mill, NG16 4B
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