Property (tresspass//WD) Flashcards
Trespass after warning to leave (elements)
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place.
- Neglects or refuses to do so
Lawful occupier
‘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.
(Trespass) 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
Trespass after previous warnings (elements)
Being a person who has been warned under Section 4 to stay off any place
Wilfully trespasses on that place
Within two years
A trespass notice can be given to a person when they:
Are Likely to trespass
Are trespassing
Have trespassed
Have been convicted of trespassing.
(Trespass) Legal Defence Section 4
It is a defence to this section if the defendant proves it was necessary for them 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
Powers under Section 9 Trespass Act 1980 are:
Where any person is found trespassing on any private land:
1) The occupier or any member of police may require that
person to:
a)give particulars of his/her name and place of abode; and
b)give the number of his/her firearms licence if he/she is
in possession of a firearm.
2) If any such person fails or refuses to comply with these
requirements, any member of police may:
a)caution him/her and If he / she persists in his / her failure or refusal …
a) arrest without warrant.
Offences are created of:
a)failing or refusing to comply with the requirements;
b) giving false name and place of abode; and
c) wilfully giving particulars that are insufficiently precise to
enable his / her abode to be readily identified
Section 56 Crimes Act 1961
Under Section 56 Crimes Act 1961 reasonable force may be used to prevent any person trespassing on any land or
building when lawfully assisting any person in peaceable
possession of such land or building.
Intentionally
A deliberate act or reckless act [where the possible consequences are foreseen but continues the act regardless of the risk] without lawful justification, excuse or claim of right.
Damages
Temporary or permanent reduction in the value and or usefulness of the property.
Recklessly
Where the possible consequences are foreseen but continues the act regardless of the risk
Property
Something that belongs to another person and is capable of being damaged.
Graffiti Vandalism
Graffiti vandalism and tagging are defined as damaging or defacing any building, structure or property by writing,
painting, spraying or etching on to that property.
Trespass Act 1980
Section 9:
- Where any person is found trespassing on any private land; the occupier
or any member of police may require that person to:
a) give their name and address, and
b) if they are in possession of a firearm, give their firearms licence number.
- If the person fails or refuses to comply with these requirements, any member of police may:
− caution the person, and
− if the person persists in their failure or refusal, arrest without warrant. - Offences are created of:
a) failing or refusing to comply with the requirements
b) giving false name and address, and
c) wilfully giving particulars that are insufficiently precise to enable the address to be readily identified.
Use of Force
Crimes Act 1961, Section 56. Must not strike or do bodily harm to the person
