Liabilties - Tresspass Flashcards

1
Q

List the ingredients for the offence of ‘Trespass after previous warnings’

A
  • Being a person who has been warned under section 4 to staff of any place
  • Wilfully trespasses on that place
  • Within two years
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2
Q

What is the procedure for dealing with a trespass offence against - Section 3 of the Trespass Act?

A
  • Obtain full particulars of the complainant and ensure the victim is an occupier
  • Ascertain all facts of the complaint
  • Ensure the offender is a trespasser
    If trespass committed you have 3 options:
  • Arrest for the offence under section 3 OR
  • Adopt one of the following procedures.
    If the person decides to leave peacefully:
  • Record full particulars
  • If occupier so requests, warn trespasser to stay off and inform them that they commit an offence if they return within 2 years.
    If the person continues to refuse to leave:
  • Ask the victim in presence of trespasser ‘do you wish me to act on your behalf?’
  • If the victim consents, warn the trespasser to leave
  • Give them reasonable time to leave
  • If they still refuse to leave, you may use reasonable force to remove them from the premises.
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3
Q

What is the procedure for dealing with a trespass offence against - Section 4 of the Trespass Act?

A
  • Obtain full particulars of victim & ensure they are the lawful occupier.
  • Establish that there was a warning within the last two years
  • Check for any documentary proof of that warning
    Speak to offender:
  • if possible obtain acknowledgement of previous warning.
  • seek explanation from offender
    If not acknowledged, satisfy yourself that victim has made correct ID and use discretion to:
  • Arrest or
  • Take name and address with a view to summons.
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4
Q

Define ‘Lawful Occupier’

A
  • Lawful occupier means any person in lawful occupation of that place and includes any employee or person acting under the lawful authority of the lawful occupier.
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5
Q

How long is a warning effective under Section 4 of the Trespass Act?

A
  • Two Years
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6
Q

List the legal defences to Section 3 of the trespass act.

A
  • Their own protection
  • The protection of somebody else
  • An emergency involving their property or the property of some other person.
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7
Q

What are your powers under Section 9 of the Trespass Act, where a person is found trespassing on private land?

A

The occupier or police may require that person to:
- give particulars of his/her name and place of abode; and
- give the number of their firearms licence if they are in possession of a firearm
If the person fails to comply:
- Caution them.
If the person persists in their failure or refusal
- Arrest without warrant.

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8
Q

List the ingredients for the offence of ‘Trespass after warning to leave’

A
  • Trespasses
  • On any place
  • After being warned to leave that place by an occupier of that place
  • Neglects or refuses to do so
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