OF08:Trespass+Unlawfully on Prop Flashcards
What is it meant by Found in the Elements of Being Found on Property without Reasonable Excuse & (Enclosed Yard or area)?
To be seen
To be discovered
To come upon
What is the meaning of appurtenant?
Means belonging to. In the context of the enclosed yard, it must belong to a building. A park or paddock is not an enclosed yard to such a place.
When is a person not a trespasser?
A person is not a trespasser until he or she has been warned to leave by the lawful occupier and then refuses to do so.
What is a lawful occupier?
A person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.
What are the LEGAL DEFENCE for Trespassing in Section 3?
- Their own protection
- The protection of somebody else
- An emergency involving their property or the property of some other person
When can a trespass notice be given to a person?
- Are likely to trespass
- Are trespassing
- Have trespassed
- Have been convicted of trespass
How/ where can you use force in trespassing?
Crimes Act 1961 Section 56, you may use reasonable force to prevent any person from trespassing on land or building, or to remove them from, when lawfully assisting any person in peaceable possession of such land or building.
What information can be demanded from a lawful occupier / police seeking to issue a trespass notice?
- Give them their name and address and firearms license no.
- Failure or refusal, police may caution or arrest without warrant.
- Offences are created of failing or refusing to comply with requirements, giving false details, and giving particulars that are insufficiently precise.
Public entertainment
Police frequently remove from various public entertainment which people have paid a fee to be admitted.
If someone was to create disturbance, they could be dealt with by Summary Offences Act 1981, Section 37 (disturbing meetings) and behaving in a disorderly manner under SOA, Section 4.
Public meetings
A public meeting convened for any purpose in a hall or restricted area - such as a political meeting - is merely an invitation to the public. Any person who is ordered to leave by the chairperson must do so or be treated as a trespasser.
