OF08 - TRESSPASS AND UNLAWFUL ON PROPERTY

Question 1

4 elements of Being Found on Property Without Reasonable Excuse (Building/Transport)

Summary Offences Act 1981 S29(1)

Answer 1

Summary Offences Act 1981 S29(1)

1. FOUND
   to be seen/discovered/upon
2. WITHOUT REASONABLE EXCUSE
3. IN OR ON
   physically inside of/on
4. ANY BUILDING/AIRCRAFT/SHIP/TRAIN/VEHICLE

Question 2

4 elements of Trespass after warning to leave;

Trespass Act 1980 S3 PREC 6111

Answer 2

Trespass Act 1980 S3 PREC 6111

1. TRESPASSES
   is on another person property without authority/permission
2. ON ANY PLACE
   at any physical address
3. AFTER BEING WARNED OTO LEAVE THAT PLACE BY AN OCCUPIER OF THAT PLACE
   must be told to leave by lawful occupier
4. NEGLECTS OR REFUSES TO DO SO
   person must be given reasonable time to leave

Question 3

3 elements of trespass AFTER previous warning

Trespass Act 1980 S4

Answer 3

Trespass Act 1980 S4

1. BEING A PERSON WHO HAS BEEN WARNED UNDER S4 TO STAY OFF ANY PLACE
   issued with a warning, verbal/writing, to stay away
2. WILFULLY TRESPASSES ON THAT PLACE
   intentionally/deliberately/without mistake returns
3. WITHIN TWO YEARS

Question 4

What are the legal defenses to trespass?

Answer 4

S3
- Their own protection
- The protection of someone else
- An emergency involving their property or the property of some other person
S4
- The occupier who gave the warning no longer occupies the place concerned

Question 5

What information can be demanded by a lawful occupier/police seeking trespass notice?

Answer 5

1. give their name, address and

2. if they are in possession of a firearm, give their firearms licence number.