Enforcement powers introduced in the Police, Crime, Sentencing and Courts Act 2022 (‘PCSCA’) – which banned anyone evicted from an unauthorised encampment from returning to the same land for a period of twelve months – will be repealed when the Crime and Policing Bill (‘CPB’) becomes law.
This is an important change that significantly limits the impact of the anti-Gypsy and Traveller enforcement powers that were introduced in the previous Parliament.
Wendy Smith, a Romani Gypsy, challenged provisions in PCSCA which gave the police new and extended enforcement powers to evict Gypsies and Travellers from unauthorised encampments under sections 60C, 61 and 62A of the Criminal Justice and Public Order Act 1994 (‘CJPOA’) and to prohibit them from returning to the same land for a period of 12 months.
The High Court accepted that the 12 month ban unlawfully discriminated against Gypsies and Travellers in breach of Article 14 of the European Convention on Human Rights (ECHR) (the prohibition on discrimination) when read with Article 8 of the ECHR (the right to private life) and issued a declaration of incompatibility under section 4 of the Human Rights Act 1998.
Wendy Smith was represented by Marc Willers KC and Ollie Persey of Garden Court Chambers. They were instructed by Chris Johnson of Community Law Partnership (‘CLP’).
Stephen Simblet KC and Nadia O’Mara of Garden Court Chambers acted for the First Intervener, Friends, Families and Travellers (‘FFT’), instructed by Parminder Sanghera of CLP.
Following spearheading by FFT, which also acts as Secretariat to the All Party Parliamentary Group on Gypsies, Travellers and Roma, the government tabled an amendment to repeal the offending provisions of the PCSCA, which has now been accepted in the House of Lords.
Wendy Smith’s case in the High Court was supported by FFT, which provided invaluable evidence of the impact that the new powers would have on Gypsies and Travellers.
FFT intervened at the hearing by way of written and oral submissions and Liberty also intervened by way of written submissions to highlight its concerns about the human rights implications of the new powers. Richard Drabble KC of Landmark Chambers acted at an earlier stage of proceedings and helped the claimant to secure permission to proceed to a full hearing. York Travellers Trust also deserve recognition for the support they gave to Wendy Smith.
