Trespass

Question 1

Trespass after warning to leave.

Name the section and Act that this offence relates to

Answer 1

Section 3, Trespass Act 1980

Question 2

List and Describe the elements of the offence:

Trespass after warning to leave, Section 3 Trespass Act 1980

Answer 2

#1. Trespasses- Is on another person's property without authority or permission.
#2. On any place- At any physical address.
#3. After being warned to leave that place by an occupier of that place- Must be told to leave by the lawful occupier of that address.
#4. Neglects or refuses to do so- After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave

Question 3

Trespass after warning to leave, Section 3 of the Trespass Act 1980:
Name and describe the First element.

Answer 3

Trespasses- Is on another person’s property without authority or permission.

Question 4

Trespass after warning to leave, Section 3 of the Trespass Act 1980:
Name and describe the Second element.

Answer 4

On any place- At any physical address.

Question 5

Trespass after warning to leave, Section 3 of the Trespass Act 1980:
Name and describe the Third element.

Answer 5

After being warned to leave that place by an occupier of that place- Must be told to leave by the lawful occupier of that address.

Question 6

Trespass after warning to leave, Section 3 of the Trespass Act 1980:
Name and describe the Fourth element.

Answer 6

Neglects or refuses to do so- After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.

Question 7

What is the legal defence for someone to prove is was necessary to remain on the place or property?

Answer 7

• Their own protection.
• The protection of someone else.
• An emergency involving their property or the property of some other person.

Question 8

Trespass after previous warnings:

What is the Section and Act that this offence relates to?

Answer 8

Section 4 of the Trespass Act 1980

Question 9

Trespass after previous warnings, Section 4 Trespass Act 1980:
List and describe the elements of this offence.

Answer 9

1: Being a person who has been warned under Section 4 to stay off any place- A person who has been issued with a warning, either verbally or in writing, to stay off the property.
2: Willfully trespasses on that place- The offender intentionally, deliberately, without mistake, returns to the premises.
3: Within two years- Within two years after the giving of the warning.

Question 10

Trespass after previous warnings, Section 4 Trespass Act 1980:
List and describe the First element.

Answer 10

Being a person who has been warned under Section 4 to stay off any place- A person who has been issued with a warning, either verbally or in writing, to stay off the property.

Question 11

Trespass after previous warnings, Section 4 Trespass Act 1980:
List and describe the Second element.

Answer 11

Wilfully trespasses on that place- The offender intentionally, deliberately, without mistake, returns to the premises.

Question 12

Trespass after previous warnings, Section 4 Trespass Act 1980:
List and describe the Third element.

Answer 12

Within two years- Within two years after the giving of the warning.

Question 13

What is Section 9 of the Trespass Act 1980?

Answer 13

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 license number.

Question 14

Being found on property without reasonable excuse (building/transport) Section 29 Summary Offences Act 1981:
What are the elements of this offence?

Answer 14

#Found- To be seen/ to be discovered/ to come upon.
#Without reasonable excuse- Without reasonable excuse.
#In OR on- Physically inside of OR physically on.
#Any building OR aircraft OR hovercraft OR ship, ferry, or other vessel OR train OR any vehicle-