39. Inspector Gallimore in his witness statement makes reference to the police's powers under section 61 of the CJPO 1994, which can be used to require an unauthorised encampment to vacate land provided statutory requirements are met. That was amended by the Police, Crime, Sentencing and Courts Act 2022 to include the offence of residing on land without consent or with a vehicle. There have not been any proceedings brought under this legislation.
Procedural protections
40. The Wolverhampton case emphasises at paragraph 167(ii) and 226 to 232 the importance of procedural protections for the rights of newcomers to overcome the strong prima facie objection subjecting them to a without-notice injunction. Those protections should include generous liberty to apply the provisions and an obligation to take all reasonable steps to bring the application and any order to the attention of those who may be affected by any order made. The injunction order made on 2 April 2024 was intended to include those provisions, as is the order that is proposed before this court today. It will be noted that the order made on 2 April 2024 was ordered to be served on the appellants in the Wolverhampton case, and the claimants will agree to the order following this hearing to be served on those appellants. The draft order includes posting selected documents on the land and a notice directing persons unknown to a website on which all the evidence in support of the claim and application can be found.
Territorial and temporal limitations
41. Paragraph 167(iv) referred to above of the judgment of the Supreme Court refers to the need for newcomer injunctions to be constrained by territorial and temporal limitations to ensure as far as it is practicable that they neither "outflank nor outlast the compelling circumstances relied upon". This is expanded upon in paragraph 225, where the Supreme Court highlighted the exceptional nature of the remedy. That is conveniently summarised in (i) to (iv) at paragraph 64 of the skeleton argument, which reads as follows:
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