Offences OF08 - OF15

Question 1

OF08 - Trespass Act 1980

Elements of trespass after warning to leave

Answer 1

• Trespasses
• On any place
• After being warned to leave that place by an occupier of that place

Question 2

Elements of trespass after previous warnings

Answer 2

• Being a person who has warned under Section 4 to stay off any place
• Wilfully trespasses on that place
• Within two years

Question 3

Understand the legal defences to a charge of trespass

Answer 3

• 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

Question 4

Identify what information can be demanded by a lawful occupier / Police seeking to issue a trespass notice

Answer 4

1. Where any person if found trespassing on any private land; the occupier or any member of police may require that person to

• give their name and address and
• if they are in possession of a firearm, give their firearms licence number

2.If the person fails or refuses to comply with these requirements, any member of the police, may:

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

3. Offences are created of
   - failing or refusing to comply with the requirements
   - giving false name and address. and
   - wilfully giving particulars that are insufficiently precise to enable the address to be readily identified.