Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

POLICE COLLEGE STUDY > 0F08 - TRESPASS & UNLAWFULLY ON PROP > Flashcards

0F08 - TRESPASS & UNLAWFULLY ON PROP Flashcards

1
Q

Where is ‘Being Found on Property Without Reasonable Excuse’ in legislation?

A

Summary Offences Act 1981, Section 29

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the offence ‘Being Found on Property Without Reasonable Excuse’?

A

It is an offence to be found on another persons property, whether it be a building, a yard next to the building or mode of transport, without reasonable excuse.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the penalty for ‘Being Found on Property Without Reasonable Excuse’?

A

3 months imprisonment or $2,000 fine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the time restriction for this offence?

A

Committed day or night. NO TIME RESTRICTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the elements for ‘Being Found on Property Without Reasonable Excuse (Building/Transport) ?

A
  • Found
  • Without reasonable excuse
  • In
    OR
  • On
  • Any building
    OR
  • Any aircraft
    OR
  • Any hovercraft
    0R
  • Any ship, ferry or other vessel
    OR
  • Any train
    OR
  • Any vehicle
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the elements for ‘Being Found on Property Without Reasonable Excuse’ (Enclosed yard or area)?

A
  • Found
  • Without reasonable excuse
  • In
  • Any enclosed yard or other such area
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does FOUND mean in the elements?

A

It must be proved that the defendant was actually seen, discovered, or come upon at the place. It is not sufficient to prove by fingerprints, DNA, or an admission.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does APPURTENANT mean?

A

Means belonging to. In the context on the enclosed yard, it must belong to a building. A park or paddock is not a enclosed yard to such place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If a constable gives a person a warning for Being Found on Property and refuses or fails to do so, what is the penalty?

A

Fine not exceeding $500.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is an ENCLOSED YARD?

A

An enclosed area that the enclosed area was appurtenant to a building. A yard needs to have defined boundaries but not fully enclosed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the elements for ‘Trespass after warning to leave’ section 3?

A
  • Trespasses
  • On any place
  • After being warned to leave that place by an occupier of that place
  • Neglects or refuses to do so
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When is a person not a trespasser?

A

A person is not a trespasser until he or she has been warned to leave by the lawful occupier and then refuses to do so.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a LAWFUL OCCUPIER?

A

A person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the LEGAL DEFENCE for Trespassing in Section 3?

A
  • Their own protection
  • The protection of somebody else
  • An emergency involving their property or the property of some other person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the elements for ‘Trespass after Previous Warning’ section 4?

A
  • Being a person who has been warned under Section 4 to stay off any place
  • Wilfully trespasses on that place
  • Within two years
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the penalty for ‘Trespass after Previous warnings’, and where can it be found legislation?

A

3 months imprisonment / $1,000 fine.

Trespass Act 1980, Section 4 & 11

17
Q

When can a trespass notice be given to a person?

A
  • Are likely to trespass
  • Are trespassing
  • Have trespassed
  • Have been convicted of trespass
18
Q

How/ where can you use force in trespassing?

A

Crimes Act 1961 Section 56, you may use reasonable force to prevent any person from trespassing on land or building, or to remove them from, when lawfully assisting any person in peaceable possession of such land or building.

19
Q

What information can be demanded from a lawful occupier / police seeking to issue a trespass notice?

A
  1. Give them their name and address and firearms license no.
  2. Failure or refusal, police may caution or arrest without warrant.
  3. Offences are created of failing or refusing to comply with requirements, giving false details, and giving particulars that are insufficiently precise.
20
Q

Public entertainment

A

Police frequently remove from various public entertainment which people have paid a fee to be admitted.
If someone was to create disturbance, they could be dealt with by Summary Offences Act 1981, Section 37 (disturbing meetings) and behaving in a disorderly manner under SOA, Section 4.

21
Q

Public meetings

A

A public meeting convened for any purpose in a hall or restricted area - such as a political meeting - is merely an invitation to the public. Any person who is ordered to leave by the chairperson must do so or be treated as a trespasser.

22
Q

What are the LEGAL DEFENCE for Trespassing in Section 3?

A
  • Their own protection
  • The protection of somebody else
  • An emergency involving their property or the property of some other person
23
Q
A
  • Their own protection
  • The protection of somebody else
  • An emergency involving their property or the property of some other person

POLICE COLLEGE STUDY (21 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions