# The Unauthorised Encampments (Northern Ireland) Order 2005, Article 6: Failure to comply with direction under Article 5: offences


(1) A person commits an offence if he knows that a direction under Article 5(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 district of the relevant district council 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 Article 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 Article may arrest him without a warrant.
(5) In proceedings for an offence under this Article 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;
(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 district of the relevant district council 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.

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Source: https://www.legislation.gov.uk/ukdsi/2005/0110490975/article/6 (the official version)
Page: https://openlegislation.uk/draft-unauthorised-encampments-northern-ireland-order-2005/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.