Squatting is still legal
Advisory Service for Squatters | 04.04.2012 22:03 | Analysis | Free Spaces | Policing
It will remain legal in non-residential properties, but a new law is going through the final farcical stages of parliamentary approval that is meant to make squatting in residential property a crime. The law still needs royal assent and a timetable to come into force, and its effect is not so simple. The wording leaves some space for argument, and there will be human rights challenges.
If you are in residential premises, police would need to have “reasonable suspicion” that you are trespassing, that you know or ought to have known that you are trespassing, that you entered as a trespasser, that you are living or intend to live in the property, and that the property does in fact come under the legal definition of residential.
How interested the police will be in enforcing this new law will vary, leading to arbitrariness and insecurity. Making them understand that a particular squat might not fit the terms of the new law will be a challenge. The experience of ASS is that police prefer to get people to move out under threat of arrest rather than actually have the hassle of arrest, but this will not always be true.
Many people have no choice but to carry on squatting, and many will refuse to be intimidated. Finding empty non-residential property will not always be easy or appropriate.
We are going to need to be more organised and look after each other better. We will need legal back-up available on the street, and people will need help moving quickly and storing their possessions. We need networks, linked up with others resisting evictions and attacks on housing rights.
How interested the police will be in enforcing this new law will vary, leading to arbitrariness and insecurity. Making them understand that a particular squat might not fit the terms of the new law will be a challenge. The experience of ASS is that police prefer to get people to move out under threat of arrest rather than actually have the hassle of arrest, but this will not always be true.
Many people have no choice but to carry on squatting, and many will refuse to be intimidated. Finding empty non-residential property will not always be easy or appropriate.
We are going to need to be more organised and look after each other better. We will need legal back-up available on the street, and people will need help moving quickly and storing their possessions. We need networks, linked up with others resisting evictions and attacks on housing rights.
Advisory Service for Squatters
Homepage:
http://www.squatter.org.uk/index.php?option=com_content&view=article&id=149:squatting-is-still-legal-&catid=1:latest-news&Itemid=18
Comments
Hide the following 14 comments
help
04.04.2012 22:28
squater
re: Help
04.04.2012 22:59
lynx
not an act
04.04.2012 23:33
this doesn't happen overnight though. squatting IS STILL ENTIRELY LEGAL and will remain so for several months at least, possibly longer. as the article explains, even after this bill becomes law, many forms of squatting will still be legal, and even those deemed illegal may get away with it because nobody knows to what degree the proposed new law will be enforced.
DON'T GIVE UP!
DON'T STOP SQUATTING!
the more squats there are, the harder it will be for them to enforce... and there are still lots of possible ways to fight it legally if/when it does become law.
lawyer
bill documents
05.04.2012 09:55
you can find the bill documents here:
[be aware it gets amended over time, the squat bit is clause 145]
the status of the bill is here:
don't ask me why it's at the "pingpong" stage now
linkies
clause 145 (not law yet!!)
05.04.2012 09:57
Offence of squatting in a residential building
(1)
A person commits an offence if—
(a)
the person is in a residential building as a trespasser having entered it
as a trespasser,
(b)
the person knows or ought to know that he or she is a trespasser, and
(c)
the person is living in the building or intends to live there for any
period.
5
(2)
The offence is not committed by a person holding over after the end of a lease
or licence (even if the person leaves and re-enters the building).
(3)
For the purposes of this section—
(a)
“building” includes any structure or part of a structure (including a
temporary or moveable structure), and
10
(b)
a building is “residential” if it is designed or adapted, before the time of
entry, for use as a place to live.
(4)
For the purposes of this section the fact that a person derives title from a
trespasser, or has the permission of a trespasser, does not prevent the person
from being a trespasser.
15
(5)
A person convicted of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 5 on the standard scale (or both).
(6)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is
20
to be read as a reference to 6 months.
(7)
For the purposes of subsection (1)(a) it is irrelevant whether the person entered
the building as a trespasser before or after the commencement of this section.
(8)
In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose
of arrest etc)—
25
(a)
in subsection (1)(c), after sub-paragraph (v) insert—
“(vi)
section 145 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (squatting in
a residential building);”;
(b)
in subsection (3), for “or (iv)” substitute “, (iv) or (vi)”.
30
(9)
In Schedule 10 to the Criminal Justice and Public Order Act 1994
(consequential amendments), omit paragraph 53(b).
from the bill dated 21/3/12
My ill-informed opinion
05.04.2012 11:46
While this is still not law, or even an act, it is towards the end of the process in that it has passed through both Houses. I think 'ping-pong' is when the amendments the Lords have proposed need to be given the green light by the Commons, if they're not then it goes back to the Lords where they change the amendments then back to the Commons and so on.
Unfortunately no significant amendments have been made to the clause around squatting (though I think at some point they added an exemption to the police needing a warrant to kick in the door - or maybe that was always there and I just didn't notice it). However the bill they hid the clause in is pretty controversial so hopefully it will spend quite a bit more time caught up in the bureaucracy, though I think the Tories might force it through and bypass the Lords at some point.
While I'm pretty sure it will become law at some point, how the law works in pratice depends on the courts and cops. Hopefully they'll treat it as seriously as they do fox hunting in which case we'll be fine, but I doubt it.
In Holland they managed to challenge the law through the European Courts and won forcing the police to get a judge to sign off on any eviction - this has created a situation no that disimilar to how the UK has been for 35 years, anyone know if this is likely or even possible here?
biff
huff and puff
05.04.2012 16:02
the person is in a RESIDENTIAL BUILDING as a trespasser having entered it as a TRESPASSER,
Trespass:
To commit an unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully.
So that clearly can not apply to any abandoned residential buildings,
or any non residential buildings,
or any land.
And it doesn't apply to staying in a house after your tenancy contract has expired.
And it doesn't affect: section six, criminal law act, 1977.
So it can only really apply to houses which you have to "break and enter" to squat.
As "breaking and entering" is already illegal, I can't see much change really.
This isn't really anymore than a bit of huffing and puffing about MP second homes being squatted.
anarchist
.,
05.04.2012 18:35
As for those who could get a job, could get a place of their own, and could generally support themselves - I won't lift a finger to protect you. I hope you don't get evicted and this new law doesn't change anything, but I don't see why I should risk anything to help who could but won't help themselves. I'll dedicate myself to helping the working class, not the middle class posing as working class.
Moving into a squat doesn't magically make you part of the solution.
one anarchist
getting your priorities right
05.04.2012 19:07
Are you suggesting that the Middle class have jobs and therefore that the Working class don't have jobs?
I put it to you that:
Some Working class do actually work in a job.
And that some Middle class don't have a job.
What about broadening your horizons to helping middle class who are actually now working class and don't have a job?
David (middle class)
question?
05.04.2012 19:20
Roger
biff
05.04.2012 21:10
'anarchist' I don't know where you're definition of trespass comes but as far as I'm aware (in the UK) it is merely being on land without the consent, implied or otherwise, of the owner. So unfortunately, no matter how abandoned a building is or whether or not you commit damage are irrelevant. And it does effect section 6 as it allows police to force entry in order to arrest suspected squatters. I suspect they will use it to prevent any new squats opening by kicking in the door and arresting people if they refuse to leave, I doubt they'll be keen to prosecute though.
And as for 'one anarchist' - what do you mean by 'a place of their own'? Do you mean people should work 9-5 all their life in order to get a loan off multimillionaire bankers so that they can prop up an over inflated property market - property that is divided up based on a fucked up system in the first place? Squatting is not the answer to all problems but it is an act of resistance in itself and as such the principle and the squats should be defended as strongly as possible. So fuck off you judgmental prick.
biff
Before the Roman Slaveholders Conquest of British Tribes nout Squatting.
06.04.2012 08:27
All lands became the property of the Emperor and his officials. The Roman War machine called the Slaveholder pens, which are now renamed as 'Modern Prisons' are a new enforced Squatting House, and purveyor of the Criminal Class status. It therefore has existed for millenium in the fact of squats and landlord evictions. Such laws were not possible under the British Tribes free lifestyle, but only made possible by Empire and the lords rules of private huge estates. In point of fact the proles were never since the conquest allowed guaranteed full housing.
From the conquest to this day the workers have sweated under the rules of the elite rulers who make the laws to the benefit of the rulers not the workers. In point of fact the workers state serves the workers ( Squatters) while the Monopoly Capitalist state serves the elite capitalists.
The Feudal state serves the big landlords and big estate owners, not the peasants-workers. The enslavers state served the slaveowners not the enslaved workers. It is so in class societies that the exploiters, since empires have been passing laws against the dispossessed classes and chasing them out of vacant lots and houses and other abandoned buildings etc.
More News From Nowhere
Passing so-called new laws against squatting is not at all new. The only question since the triad conquest of the workers is how long or how well can the squatter hold on to the new squat. Usually not very long, as the state contol of law making, courts, police and the standing army is definitely not for the orginal free lifestyle we all long for but have not been allowed to live again as before the conquest, and imposition of the varieties of elite one percent control over the 99%.
Don't forget folks the liberation of the working classes takes place when the workers take ownership and control of the main means of production for the good of us all. Then they can use the last classist society to put an end to the exploitation and oppression of all the workers forever and abolish all forms of exploitation. Such as prisons, private cops and standing armies of pollution conquesting.
The law then becomes--- from each according to their abilities, to each according to their needs. Harmony and joy resides in the return of the matriachy and the natural electing 50-50 thusly doubling democracy at all levels and providing women access to half the law making, wealth, and religio authority, which the empires has denighed them since original conquest of all empires.
Workers of the world, unite!! You yet have a world to win!! Retool to the renewables such as wind, tidal, and solar power and get out of coal, gas, oil, and atomic energy. End pollution wars, not endless wars for more and more pollution.
Unity Jack
'Form each according to means...'
06.04.2012 11:09
The land is ours, not the fucking governments. They can only control the land if they can control us.
anarchist
Pro-Squatting March in Bristol - April 14th
06.04.2012 11:32
Whatever they say, squatting will stay!
Mr. S. Q. Otter