- Latest available (Revised)
- Original (As enacted)
Anti-social Behaviour Act 2003
You are here:
- UK Public General Acts
- 2003 c. 38
- Part 7
- Section 61
What Version
Advanced Features
Opening Options
More Resources
Status:
This is the original version (as it was originally enacted).
61Failure to comply with direction: offences
This section has no associated Explanatory Notes
After section 62A of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 60) insert—
“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.”
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.