0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

evidence crucial for squatters’ conviction

6 November 2013

The trial of an alleged squatter under Legal Aid, Sentencing and Punishment of Offenders Act 2012 has been thrown out due to a lack of evidence the accused resided at the property. 

 The accused was found superglued to a wooden beam at a property. Prosecutors relied upon police video evidence showing bedding at the property and fresh food in the fridge. A man fitting the accused’s description had also previously been seen on the roof. The judge held there was no evidence the accused lived there and his presence could have been as a visitor or as someone making a political point. The judge outlined that any future convictions under the Act would need to be based on evidence gathered through forensic work, surveillance and door to door enquiries.

 This case clearly highlights the need for thorough, robust evidence in seeking a conviction under the Act, as a person’s mere presence at a property at the time of an arrest is clearly insufficient.

related opinions

Watch this space on breach of contract, vicarious liability and assumption of responsibility

The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.

View blog

Landlord and tenant inspections - getting the evidence right

In Rogerson v Bolsover District Council (2019) the Court of Appeal found against a local authority landlord pursuant to the Defective Premises Act 1972 following a finding of an inadequate inspection regime.

View blog

Organisations owe no duty to staff when responding to claims

In Bowen v Commissioner of Police for the Metropolis, the Supreme Court have confirmed that members of the workforce aggrieved by the way in which such claims are defended or settled are not entitled to pursue a claim against their employers on this basis.

View blog

Children Act 1989 - Section 20 and damages

The Supreme Court decision in Williams and another v Borough of Hackney [2018] UKSC 37 was an example of the local authority getting Section 20 of the Children Act 1989 right.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up