OF08 Trespassing Flashcards
What are the elements for Trespass after warning to leave?
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What are the elements for Trespass after previous warnings?
Being a person who has been warned under Section 4 to stay off any place
Wilfully trespasses on that place
Within two years
Trespasses; proven by
Is on another person’s property without authority or
permission.
On any place; proven by
At any physical address
After being warned
to leave that place
by an occupier of
that place; proven by
Must be told to leave by the lawful occupier of that address
Neglects or refuses
to do so; proven by
After the warning, neglects or refuses to leave.
The person
must be given a reasonable time to leave.
Legal defence section 3. It is a defence to this section if the defendant proves it was necessary to remain on the place or property for:
Their own protection
The protection of somebody else
An emergency involving their
property or the property of some
other person
Being a person who
has been warned
under Section 4 to
stay off any place; proven by
A person who has been issued with a warning, either verbally or in
writing, to stay off a property.
Wilfully trespasses on that place; proven by
The offender intentionally, deliberately, without mistake, returns to
the premises.
Within two years; proven by
Within two years after the giving of the warning
A trespass notice can be given to a person when they:
- Are likely to trespass
- Are trespassing
- Have trespassed
- Have been convicted of trespass
Legal defence: Section 4
It is a defence to this section if the defendant proves it was necessary forthem to remain on the place or property for:
Their own protection
The protection of somebody else
An emergency involving their property or
the property of some other person
The occupier who gave the warning no
longer occupies the place concerned
Under section 9 of trespass Act 1980; police may demand what details?
- name and address
- if in possession of firearm, firearms license
If person fails to comply under section 9 of Trespass Act 1990, what may police do?
- caution person, and
- if persons persists in failure or refusal, arrest without warrant
Under section 9 of Trespass Act 1990; offences are made up of what?
- failing or refusing to comply
- giving false name and address
- willfully giving particulars that are insufficiently precise to enable the address to be readily identified.
How can a warning be issued?
orally or by notice in writing hand delivered to person or sent by registered post to their usual place of abode
Trespass Act 1980 section 3 provides legal defence if defendant proves it was necessary to remain on the place or property for what?
- their own safety
- safety of another person
- an emergency involving their property or the property of another person
Trespass Act 1980 section 4 provides legal defence if defendant proves it was necessary to remain on the place or property for what?
- their own safety
- safety of another person
- an emergency involving their property or the property of another person
- the occupier who gave the warning no longer occupies the place concerned
Where do you get your power to use force to remove a person from a building or land on which they are trespassing? Explain what this level of force should be;
Under section 56 of the Crimes Act 1961, 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. You must not strike or do bodily harm to that person.
What is the definition of a ‘Lawful Occupier’ under the Trespass Act 1980?
‘Lawful Occupier’ means any 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.
Are Police subject to the same laws of trespass as any other citizen? Explain your answer;
Police are subject to the Trespass Act 1980 as is any other person. When police enter onto private land to make inquiries or arrest a person with no warrant or statutory right to remain under s 317 of the Crimes Act 1961, they become trespassers when asked to leave by the occupier. The police must then depart, obtain a warrant, proceed by summons, or wait to speak to the person away from that private property:
Coster v Police (1993)
Must have legal authority to enter the property under warrant or warrantless powers. e.g. section 14, 15 and 20 of Search and surveillance Act 2012 and section 119 of Land Transport Act 1998
When taking action against a section 3 ‘Trespass’, what procedures would you consider for a person who has been warned to leave and still refuses to do so?
If a person continues to refuse to leave:
• confirm warning by having occupier ask trespasser to leave in your presence; if
continued refusal to leave
• ask victim in presence of trespasser, “Do you wish me to act on your behalf?”
• if victim consents, warn trespasser to leave
• give them reasonable time to leave
• if they still refuse to leave, you can arrest the person.
