Offences Relating to Land and Property Flashcards
1
Q
What is the offence of aggravated trespass?
A
Any person who…
- trespasses on land
- does an act
- in relation to persons on that land or adjoining land engaged in any lawful activity
- intended to cause
- intimidation or deter them from their activities
- obstruction of that activity
- disruption of that activity
- an entire group can be guilty of the offence if only a few of them are actually doing the act with the relevant intent
- it does not include a highway unless it is a footpath, bridleway or byway or a cycle path
- war will not make an activity unlawful
2
Q
What is the power to remove an aggravated trespasser? The
A
If a SENIOR POLICE OFFICER PRESENT (OF ANY RANK) AT THE SCENE BELIEVES any person…
- has
- is
- is about to
…commit aggravated trespass or…
- 2 OR MORE persons are present, trespassing on any land, with the common purpose of committing the aggravated offence…
…he may direct them to leave
- this direction can be communicated by any constable
- THEY DO NOT HAVE TO BE IN UNIFORM
3
Q
What is the offence of failure to leave?
A
If a person…
- KNOWS
- a direction haze been given
- fails to leave AS SOON AS PRACTICABLE
- returns to that land and enters AS A TRESPASSER within a period of 3 MONTHS FROM THE DAY of the direction
- voluntarily tying yourself to something which subsequently delays your ability to leave will not amount to an offence as long as it was not to intended at stopping you from leaving (activists who tie themselves to fences who have to be cut loose to leave)
4
Q
What is the offence of squatting?
A
Any person who…
- is in a RESIDENTIAL BUILDING
- as a trespasser AND having ENTERED as a trespasser
- knowing or out to know they are a trespasser
- intends to live in that building for any period of time
- a person will not be squatting if they were the resident and their lease or tenancy expired, even if they LEAVE AND COMEMBACK
- if a trespasser allows someone else i to the address to live that person will also be squatting
5
Q
What is the offence of nuisance on an educational premises?
A
Any person who…
- is present on any educational premises
- without lawful authority
- causes or permits
- nuisance or disturbance
- of any person lawfully using that premises
- a school premises is any primary or secondary educational facility including playgrounds and sports grounds
6
Q
What is the power of direction to leave in relation to trespassing with intent to reside?
A
The SENIOR officer present…
- BELIEVES
- 2 OR MORE persons are trespassing
- with the common intent to reside
- that reasonable steps have been taken by the land owner to remove them
- there are 6 OR MORE VEHICLES PRESENT or
- ANY PERSON has uses threatening, insulting, abusive words or behaviour
- ANY PERSON caused damage to the land or property on it
- if the persons were originally NOT trespassers but BECAME TRESPASSERS AFTER ENTRY, the above must have all happened after becoming trespassers
7
Q
What is the power of direction to leave when other land is available?
A
The SENIOR officer present believes…
- 2 or more persons are trespassing
- with the common intent to reside on that land
- that they have 1 OR MORE vehicles with them
- that they have a caravan with them
- that a suitable space in a caravan park is available for them to move to
- that the occupier of the land has asked police to move them
- it is an offence to return to that land or any land in that local authority within 3 months from the day the direction is given
