OF08 Trespass and being found on Property Flashcards
What are the elements for being found on property without reasonable excuse (Building/transport)?
Found (seen, discovered, come upon)
Without reasonable excuse
In
OR
On
Any building OR Any Aircraft OR Any ship OR Any train OR Any vehicle
What are the elements for being found on property without reasonable excuse (enclosed yard or area)?
Found
Without reasonable excuse
In
Any enclosed yard or such area
A person is not a trespasser until when?
Until he or she has been warned by the occupier of the premise to leave and refuses to do so.
What does Section 3 of the Trespass Act 1980 refer to?
Trespass after warning to leave
What are the elements of trespass after warning to leave?
Trespasses ( on another person property without authority)
On any place
After being warned to leave that place by the occupier of that place
Neglects or refuses to do so
What are the three legal defences of Section 3 trespass after warning to leave?
Their own protection
Protection of other people
An emergency involving their property or the property of others
What does section 4 of the Trespass Act 1908 refer to?
Trespass after previous warnings
What are the elements of trespass after warning?
Being a person who has been warned under section 4 to stay off any place
wilfully trespasses on that place
within two years
What are the four main reasons a trespass notice can be given under section 4?
Likely to trespass
Convicted of trespassing
Are trespassing
Have trespassed
What are the four defences of section 4?
Own protection
Protection of somebody else
An emergency involving their property or somebody else’s property
The occupier who gave the warning no longer occupies the place concerned
What does section 56 of the Crimes Act 1961 refer to in relation to trespassing?
Gives people or constables the use of reasonable force to remove anybody from the property and prevent trespassing, must be no striking or bodily harm.
What does section 5 of the Trespass Act 1980 refer to?
Warnings to trespassers must be given orally, buy notice in writing served personally or by registered post to the trespasser’s usual abode.
What does section 9 of the Trespass Act 1980 refer to?
Any person found trespassing on any private land, the occupier or any member of Police may require that person to;
Give their full name and address.
if they have a firearm in their possession, give their firearms license.
If the person refuses to provide these details what can you do?
Caution them
If they still refuse then arrest without warrant under offences of;
Failing to refuse or comply with the requirements
Giving false name and address
Wilfully giving particulars that are insufficiently precise to enable the address to be readily identified
Who can give a warning to leave from a public meeting or public entertainment in a private location?
The chair person of the event or meeting.
