0F08 Trespass Flashcards
What are the elements of Trespass after warning to leave? S3(1) and 11(2)(a) TA1980
- trespasses
- on any place
- after being warned to leave that place by an occupier of that place
- neglects or refuses to do so
What is the penalty for Trespass after warning to leave? S3(1) and 11(2)(a) TA1980
3 months and/or $1000
What does ‘trespasses’ mean?
Is on another persons property without authority or permission
What does ‘neglects or refuses’ mean? Trespass
The person must be given reasonable time to leave.
What does ‘lawful occupier’ mean?
Any person in lawful occupation of that land or place and includes any employee or other person under authority.
What is the best legal defence to trespassing?
- their own protection
- the protection of somebody else
- an emergency involving their property or somebody else’s
What are the elements of Trespass after previous warnings? S4(4) and S11(2)(a) TA1980
- Being a person found who has been warned under S4 to stay off any place
- wilfully trespasses on the place
- within 2 years
What is the penalty for Trespass after previous warnings? S4(4) and S11(2)(a) TA1980
3 months and/or $1000
What does ‘being a person warned’ mean?
A person previously issued with a warning either verbally or in writing, to stay off a property.
What does ‘wilfully trespasses’ mean?
The offender intentionally, deliberately, without mistake, returns to the premises.
When can a trespass notice be given?
When a person is
- likely to trespass
- are trespassing
- have trespassed
- have been convicted of trespass
Using force relating to trespass - S56 CA1961
You may use reasonable force to prevent or remove any person from trespassing. Do not strike or do bodily harm.
How do you trespass someone?
Warnings for trespassing may be given orally, by notice or in writing to the trespassers address.
What details can an occupier or police demand from the trespasser?
- Name
- Address
- If they have a firearm, their firearms licence.
If they refuse to comply, police may
- warn the person
- if the person persists with refusal, arrest without warrant.
Offences are created of
- failing to comply with the requirements
- giving false details
Public entertainment and meetings…
No power to trespass from a meeting held in a public area such as street corner or park.
Deal with them under S37 SOA1981 (disturbing meetings) and behaving in a disorderly manner S4(1)(a) SOA1981.
If they refuse to leave public entertainment, such as a venue, you can charge them with trespassing.
