OF08 Trespass Act 1980 Flashcards
What are the 4 Elements of section 3 trespass after warning to leave?
Trespasses.
On any place.
After being warned to leave that place by occupier of that place.
Neglects or refuses to do so.
A person must be warned?
True. A person must be warned to leave by the lawful occupier to be classified as a trespasser.
What is Trespassing?
Is on another persons property with out permission
After being warned to leave that place by an occupier of that place…
Must be told to leave by lawful occupier of that address
Neglects or refuses to do so…
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave
What is a Lawful occupier?
Means a lawful occupation of that place or land. House owners..
What is a Legal defence: section 3
If the defendant proves it was necessary to remain on the place. Eg their own protection (getting chased) the protection of someone else (house on fire) emergency involving their property or other property.
Elements of Trespass after previous warnings?
Being a person who has been warned under section 4 to stay off any property.
Wilfully trespasses on that place.
Within 2 years.
What is the Penalty for Trespass previous warnings?
3 months imprisonment/ $1000 fine
What is a Trespass notice?
Likely to pass, are trespassing, have trespassed, have been convicted of trespass.
PROTESTS..
What is section 9?
When found trespassing: must give name and address and fire arms licence if they have one.
If person refuse to leave?
Police can act on behalf of lawful occupier. If they refuse. You have the power to arrest
What types of warnings to leave/stay off can be given?
Section 5
Oral: verbally
Writing: signs or letter
Trespass notice time frame?
Last for 2 years. Unless authorised people invite them back
Penalty for being found on property?
3 months imprisonment/ $2000 fine
Section 29
