Some basic advice on Injunctions and Possession orders

THIS DOES NOT NECESSARILY APPLY UNDER SCOTS LAW -

To all the NON SCOTTISH university occupations,

Some basic advice on Injunctions and Possession orders.

Possession Orders are served by the court and applied for by the owners of the property. They give the police and high court bailiffs power to evict you using reasonable force, this extends to the use of force in order to gain entry to the space you are in. The method in which the Order is served will be that it is pasted up onto the property.

YOU DO NOT HAVE TO HAVE READ THE ORDER FOR IT TO TAKE EFFECT.

The Oxford occupation was evicted by a Possession Order. They refused to leave one by one and were taken out physically on mass by police. However no arrests were made.

Injunctions are orders not to do something made by the court and applied for by your uni. If you do the said thing then your in contempt of court and can be arrested or/and removed. In some rare circumstances this can give rise to criminal or civil action after the occupation has been evicted. THE MAIN DEFENSE AGAINST AN INJUNCTION IS THAT YOU WEREN’T AWARE OF IT.

At Oxford solicitors were serving the IPO but the people in occupation chose to ignore it, thinking it might be an Injunction. They sang well it was being read, closed the curtains when it was put at the window and pushed it back when it came under the door. It turned out to be a Possession Order but if it was an Injunction then their defense, during or later in court, would have been that they were not aware of its terms.

Green and Black Cross legal team is a support group set up using the infrastructure, skills and experience in the climate movement. We are based in London at the moment but are happy to support people across the UK when possible.

Solidarity with the occupations, solidarity with the arrested!

GBCLegal@riseup.net

Green and Black Bust Cards: print these out and distribute to everyone involved!

 

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4 Responses to Some basic advice on Injunctions and Possession orders

  1. milgram says:

    You might want to confirm that this applies under Scots Law as well as English. Squatting-related laws are very different in the 2 countries.

  2. Anon :-) says:

    Do these processes just cover England and Wales or is it the same for Scotland? (On the basis that some of our legal stuff can be a bit unique?)

  3. Modren says:

    Are the advice and the bust card correct under Scots law? There are some significant differences in the laws for things like trespass and breach of the peace, so it’s important to be clear about this. The bust card lists London phone number, which suggests that they might not be aware of certain legal nuances north of the border. Given the audience for this blog, I can see why it would be useful to pass on advice for the English occupations, but please be clear about where the relevant laws apply in case you mislead other activists in Scotland.

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