Sussex Police move unauthorised encampments 39 times since 2022

The power was granted to police after the Police, Crime, Sentencing and Courts Act passed

Author: Karen Dunn, Local Democracy Reporting ServicePublished 23rd Jul 2024
Last updated 23rd Jul 2024

Sussex Police has used new powers to deal with unauthorised traveller encampments 39 times since they were introduced in 2022.

The figure was shared by Chief Constable Jo Shiner during a performance and accountability meeting with Police & Crime Commissioner Katy Bourne.

In June 2022, the government made changes to the Police, Crime, Sentencing and Courts Act, giving forces new powers while also strengthening some of their old ones.

The Chief Constable said the 39 uses related to 122 encampments across the whole of Sussex – some 32% of the total number of sites in the two counties.

One of the changes in 2022 stated that it was an offence for someone over 18 to reside or intend to reside on land without the consent of the occupier and have or intend to have at least one vehicle with them.

Police were also given powers of arrest and seizure in relation to the offence – including the power to seize vehicles.

One of the conditions was that a person will have committed this offence if they have or are likely to cause "significant damage destruction or distress" – but as there is no legal definition as to what ‘significant’ means, the courts often have to make a determination.

The Chief Constable reported that Sussex Police was one of the first forces to use the new powers and was also one of only a handful with access to transit sites for travellers.

In Sussex there are three – Westhampnett in the west, Bridie’s Tan, Lewes, in the east, and Horsdean, in Brighton.

She reported that the sites were really well used – often 90% full. But usage had fallen as low as 30% when there was a changeover of the people using them.

Rules about which animals could be taken onto the sites had also proved problematic for some.

Under Home Office guidance, local authorities should lead any response to illegal traveller incursions, with a proportionate policing response as well.

The Chief Constable said: “We work really closely in partnership with local authorities to make sure we achieve the right and lawful outcome.

“There is, by law, a positive obligation on the state to facilitate the nomadic way of life.”

Describing the subject as ’emotive’, she added: "We don’t actually get as many traveller incursions or incidents in Sussex as other counties do.

"But certainly it does pose a challenge for the local authorities which of course then also poses a challenge for us sometimes."

Mrs Bourne pointed out that she had received letters from Findon Valley, Felpham and Burgess Hill and asked how police responded to accusations of antisocial behaviour from travellers.

The Chief Constable said: "They will get the same response as when it is reported elsewhere.

"I think sometimes it’s really difficult to actually separate out what is sometimes a perception and what is reality.

"What we’re really careful to do within policing is to strike that incredibly difficult balance of making sure that we are looking through the perception, that we’re looking at the facts of the situation and that we are responding proportionately using both our powers but also the response that we require from the local authorities, who work really hard in partnership with us."

She added: "My message would be the same as it would be for any other area of policing – if something is happening that looks like a crime then please do report it.

"But equally my message would also be that this is a really emotive area and that policing has to strike that balance correctly and rightly and proportionately."