Question to the Home Office:

To ask His Majesty's Government what non-privileged advice or guidance they have given to public bodies on whether a public body may exercise a legal power that is subject to a declaration of incompatibility under the Human Rights Act 1998, both specifically with reference to the High Court declaration of incompatibility directed to sections 60C(3), 61(4ZA)(a), 62(1A)(a) and 62B(2) of the Criminal Justice and Public Order Act 1994, made in May 2024, and more widely.

In May 2024 the High Court ruled that the twelve month no-return period in Part 5 of the Criminal Justice and Public Order Act 1994 in relation to unauthorised encampments was incompatible with the European Convention on Human Rights, due to the limited availability of authorised transit sites.

A government amendment has been tabled to the Crime and Policing Bill to reduce the period during which an individual who has been directed to leave an unauthorised encampment must not return, from twelve months to three months. This applies to sections 60C, 61, 62, 62B and 62C of the Criminal Justice and Public Order Act. This will rectify the incompatibility with Convention rights.

The Home Office has not provided advice to public bodies on whether they may exercise these legal powers in light of the High Court ruling. Police forces are operationally independent of government and any enforcement action against encampments is an operational matter for the police.

Statutory guidance issued by the Home Secretary under section 62F of the 1994 Act is published here: Statutory Guidance for Police on Unauthorised Encampments

The guidance will be updated when the Crime and Policing Bill receives Royal Assent.