OF08: Trespass Act 1980

Question 1

What are the Elements 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 are the Elements of Trespass? (After Previous Warnings)

Answer 2

• Being a person who has been warned under Section 4 to stay off any place
• Wilfully trespasses on that place
• Within two years

Question 3

What are the 4 Legal Defences to a Charge of Trespass?

Answer 3

• For their own protection
• For the protection of someone else
• An emergency involving their property or someone else’s property
• The occupier who gave the warning no longer occupies the place concerned

Question 4

What information can be demanded by a lawful occupier?

Answer 4

• Name and address
• Firearms license number, if in possession of a firearm