Liabilties - Tresspass

Question 0

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

Answer 0

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

Question 1

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

Answer 1

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

Question 2

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

Answer 2

• 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.

Question 3

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

Answer 3

• 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.

Question 4

Define ‘Lawful Occupier’

Answer 4

• 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.

Question 5

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

Answer 5

• Two Years

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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.