62BFailure to comply with direction under section 62A: offences

1

A person commits an offence if he knows that a direction under section 62A(1) has been given which applies to him and—

a

he fails to leave the relevant land as soon as reasonably practicable,or

b

he enters any land in the area of the relevant local authority as a trespasser before the end of the relevant period with the intention of residing there.

2

The relevant period is the period of 3 months starting with the day on which the direction is given.

3

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

4

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

5

In proceedings for an offence under this section it is a defence for the accused to show—

a

that he was not trespassing on the land in respect of which he is alleged to have committed the offence, or

b

that he had a reasonable excuse—

i

for failing to leave the relevant land as soon as reasonably practicable, or

ii

for entering land in the area of the relevant local authority as a trespasser with the intention of residing there, or

c

that, at the time the direction was given, he was under the age of 18 years and was residing with his parent or guardian.