Being Found On Property

Question 1

What are the elements for Being Found On Property Without Reasonable Excuse (Building/Transport)?
Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c)

Answer 1

Found

Without reasonable excuse.

In
OR
On

Any building
OR
Any Aircraft
OR 
Any Hovercraft
OR
Any ship, ferry or other vessel
OR
Any train
OR

Any vehicle

Question 2

What are the elements for Being Found on Property Without Reasonable Excuse (Enclosed Yard or Area)?
Summary Offences Act 1981, Section 29(1)(b).

Answer 2

Found

Without Reasonable Excuse

In

Any Enclosed Yard or Other Such Area.

Question 3

Define the term

- Found

Answer 3

• To be seen
• To be discovered
• To come upon.

Question 4

Define the term

- Without reasonable excuse.

Answer 4

An exculpatory fact or belief on the part of the defendant. That is wide enough to include any reasonable mistake of fact or of law that somehow leads the defendant to suppose he or she has an excuse for being in the building.

Question 5

What are the powers of arrest for this offence?

Answer 5

Section 39(1) of the Summary Offences Act 1981 provides the police with a power of arrest without warrant for this offence.(Has GCTS of having committed an offence against this act).

Question 6

Outline the procedures for dealing with a being found on property complaint.

Answer 6

• Obtain details of the complaint.
• Check whether Delta is available.
• Approach quietly and park well away to avoid alerting the offender.
• Cordon the address ensuring that escape routes are covered.
• Search the grounds thoroughly (use delta).
• Interview victim obtain details seek corroboration.
• Examine the scene to obtain any available evidence for a charge.

Question 7

Identify the differences between peeping or peering and being found on property

Answer 7

Peeping or Peering involves someone being on property for the purposes of watching people in a house or loitering on land for that purpose.

Question 8

Identify the differences between Sections 29(1)(a)&(c) and Sections 29(1)(b)

Answer 8

29(1)(a)&(c) refers to someone being found In or On a building or Vehicle, ship, hovercraft etc.
29(1)(b) refers to someone being found in and enclosed yard or area that is appurtenant to a building.

Question 9

Identify the Act and Section for being found on property.

Answer 9

Summary Offences Act 1981, Section 29(1)(a)(b)&(c)