Criminal Trespass/Attempts Flashcards
Criminal Justice and Public order act 1994
Section 61
Criminal Trespass
Summery - 3 months or fine
At least 2 suspects must be planning to live on the land for a period of time and they must have been asked to leave. They must either:
1) Have caused damage to the land or property or used threatening, abusive or insulting words or behaviour towards occupier or related family members
2) Have at least 6 or more vehicles with them on land.
Legal Aid, Sentencing and punishment of offenders act 2012
Section 144 (1) (c)
Squatting
It is an offence for a trespasser in a residential building to live or intend to live there for any period of time. Summary only offence, provides officers power to entry under section 17 of pace and arrest
Criminal Law Act 1977
Section 6
Violence to secure entry
Summery - 6 months or fine
It is an offence for any person without lawful authority who uses violence or threatens violence for the purpose of securing entry for himself or another into any premises, provided there is someone present on those premises at the time who is opposed to the entry
Vagrancy Act 1824
Section 4
Found in enclosed premises
Summery - 3 months
When a suspect is found on enclosed premises(an enclosed area) with unlawful purpose, such as preparing to commit a burglary or theft, can be arrested for this offence. It comes before going equipped
Criminal law Act 1977
Section 8
Aggravated Trespass
Summery - 3 months
Trespassing with a weapon of offence on any premises without lawful authority or reasonable excuse
Criminal Attempts Act 1981
Section 1 (1)
Same penalty as the original offence
If, with intent to commit an offence tri-able on indictment, a person does an act which is more than merely preparatory to the commission of the offence, they are guilty of attempting to commit the offence
Criminal Attempts Act 1981 Section 1 (2)
May be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible, provided the offence is known to law