Written question asked by James Clappison (Conservative) on Wednesday, 27 October 1999, in the House of Commons. It was due for an answer on Thursday, 4 November 1999. It was answered by Charles Clarke (Labour) on Thursday, 4 November 1999 on behalf of the Home Office.

Home Office

Question: To ask the Secretary of State for the Home Department, what legal duty exists for the police to take into account social factors in exercising their power under Section 61 of the Criminal Justice Act 1994.

Answer: Mr. Clappison: To ask the Secretary of State for the Home Department what legal duty exists for the police to take into account social factors in exercising their power under Section 61 of the Criminal Justice Act 1994. [96664] Mr. Charles Clarke: There is no statutory requirement on the police to take account of social factors in the exercise of their powers to direct trespassers to leave land under section 61 of the Criminal Justice and Public Order Act 1994. However, a recent court ruling indicated that the police should take into account factors of "common humanity" in reaching their decisions (R v. West London Magistrates Court ex parte Small, Queen's Bench Division CO/3428/98).

Secondary information