OF08 Trespass and being found on Property

Question 1

What are the elements for being found on property without reasonable excuse (Building/transport)?

Answer 1

• Found (seen, discovered, come upon)
• Without reasonable excuse
• In (physically inside of)
  OR
  On (physically on)

- Any building (A structure with a roof and walls)
OR
Any Aircraft
OR
Any ship
OR
Any train
OR
Any vehicle

Question 2

What are the elements for being found on property without reasonable excuse (enclosed yard or area)?

Answer 2

Found (To be Seen, Discovered, To come upon)

Without reasonable excuse

In

Any enclosed yard or other such area (An enclosed yard, garden or area, appurtenant to a building)

Question 3

A person is not a trespasser until when?

Answer 3

Until he or she has been warned by the occupier of the premise to leave and refuses to do so.

Question 4

What does Section 3 of the Trespass Act 1980 refer to?

Answer 4

Trespass after warning to leave

Question 5

What are the elements of trespass after warning to leave?

Answer 5

Trespass Act 1980 Section 3(1) & 11(2)(a)

• 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

Question 6

What are the three legal defences of Section 3 trespass after warning to leave?

Answer 6

Their own protection

Protection of other people

An emergency involving their property or the property of others

Question 7

What does section 4 of the Trespass Act 1908 refer to?

Answer 7

Trespass after previous warnings

Question 8

What are the elements of trespass after warning?

Answer 8

Being a person who has been warned under section 4 to stay off any place

wilfully trespasses on that place

within two years

Question 9

What are the four main reasons a trespass notice can be given under section 4?

Answer 9

Likely to trespass

Convicted of trespassing

Are trespassing

Have trespassed

Question 10

What are the four defences of section 4?

Answer 10

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

Question 11

What does section 56 of the Crimes Act 1961 refer to in relation to trespassing?

Answer 11

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.

Question 12

What does section 5 of the Trespass Act 1980 refer to?

Answer 12

Warnings to trespassers must be given orally, by notice in writing served personally or by registered post to the trespasser’s usual abode.

Question 13

What does section 9 of the Trespass Act 1980 refer to?

Answer 13

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.

Question 14

If the person refuses to provide their details what can you do?

Answer 14

Section 9 of the trespass act:

• caution the person, and
• if the person persists in their failure or refusal, arrest without warrant.

Offences are created of:

a) Failing to refuse or comply with the requirements
b) Giving false name and address, and
c) willfully giving particulars that are insufficiently precise to enable the address to be readily identified.

Question 15

Who can give a warning to leave from a public meeting or public entertainment in a private location?

Answer 15

The chair person of the event or meeting.