0F08 Trespass

Question 1

What are the elements of Trespass after warning to leave? S3(1) and 11(2)(a) TA1980

Answer 1

• trespasses
• on any place
• after being warned to leave that place by an occupier of that place
• neglects or refuses to do so

Question 2

What is the penalty for Trespass after warning to leave? S3(1) and 11(2)(a) TA1980

Answer 2

3 months and/or $1000

Question 3

DEFINE

‘trespasses’

Answer 3

• ANOTHER PERSONS PROPERTY

- WITHOUT AUTHORITY or PERMISSION

Question 4

DEFINE

‘neglects or refuses’

Answer 4

GIVEN REASONABLE TIME TO LEAVE.

Question 5

DEFINE

‘lawful occupier’

Answer 5

LAWFUL OCCUPATION

any EMPLOYEE or other person under AUTHORITY.

Question 6

What is the best legal defence to trespassing?

Answer 6

• their OWN protection
• the protection of SOMEBODY else
• an EMERGENCY involving their property or somebody else’s

Question 7

What are the elements of Trespass after previous warnings? S4(4) and S11(2)(a) TA1980

Answer 7

• Being a person found who has been warned under S4 to stay off any place
• wilfully trespasses on the place
• within 2 years

Question 8

What is the penalty for Trespass after previous warnings? S4(4) and S11(2)(a) TA1980

Answer 8

3 months and/or $1000

Question 9

DEFINE

‘being a person warned’

Answer 9

PREVIOUSLY ISSUED WARNING

Question 10

DEFINE

‘wilfully trespasses’

Answer 10

INTENTIONALLY,
DELIBERATELY,
WITHOUT MISTAKE,
RETURNS to the premises.

Question 11

When can a trespass notice be given?

Answer 11

When a person is

• likely to trespass
• are trespassing
• have trespassed
• have been convicted of trespass

Question 12

Using force relating to trespass - S56 CA1961

Answer 12

You may use reasonable force to prevent or remove any person from trespassing. Do not strike or do bodily harm.

Question 13

How do you trespass someone?

Answer 13

Warnings for trespassing may be given orally, by notice or in writing to the trespassers address.

Question 14

What details can an occupier or police demand from the trespasser?

Answer 14

• 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

Question 15

Public entertainment and meetings…

Answer 15

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.