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Press Release

New squatting offence puts further strain on legal aid resources, says Law Society

27 October 2011

The Law Society has described Government plans to proceed with creating a new criminal offence of squatting as disproportionate and likely to increase demand on the already stretched legal aid budget.

The proposed changes by Government will mean that anyone found squatting in a residential property will face a year in jail and/or a £5,000 fine. The amendment is expected to be debated next week in an amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill.

Responding to the news, Law Society Chief Executive Desmond Hudson said:

“The Government should be slow to create new laws and criminal offences where there is no need. The current law is sufficient to protect homeowners, but is not understood by the public, the police, nor, it seems, politicians.

“By responding in this ad hoc fashion to public concern, which has understandably been heightened by recent well-publicised but in reality quite isolated cases, attention is being diverted from the more important aspects of the Bill: the reductions in access to justice because of cuts to legal aid and the mangling of no win, no fee.

“Perversely, these proposals will create a new unfunded demand on the legal aid budget at a time when it is being subjected to severe cuts. There has been no proper assessment of this.

“Increased guidance and training on the legal mechanisms that are already in place should be provided to the public and the police. This will help to counter misconceived concern.

“Once again, we urge the government to draw upon real evidence before reacting to media-driven so called public concerns.”



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