Liabilties - Tresspass Flashcards
List the ingredients for the offence of ‘Trespass after previous warnings’
- Being a person who has been warned under section 4 to staff of any place
- Wilfully trespasses on that place
- Within two years
What is the procedure for dealing with a trespass offence against - Section 3 of the Trespass Act?
- 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.
What is the procedure for dealing with a trespass offence against - Section 4 of the Trespass Act?
- 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.
Define ‘Lawful Occupier’
- 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.
How long is a warning effective under Section 4 of the Trespass Act?
- Two Years
List the legal defences to Section 3 of the trespass act.
- Their own protection
- The protection of somebody else
- An emergency involving their property or the property of some other person.
What are your powers under Section 9 of the Trespass Act, where a person is found trespassing on private land?
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.
List the ingredients for the offence of ‘Trespass after warning to leave’
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so