Trespass

Question 1

Trespassing legal defences for section 3 and plus 1 for 4

Answer 1

• self protection
• protection of another
• protection of property
• occupier change

Question 2

Elements of Trespass Act 1980 Section 3 (1) &11 (2)(a)

Answer 2

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

On any place - at any physical address

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

Neglects or refuses to do so - after warning neglects or refuses to do so. Given reasonable time to leave.

Question 3

Trespass after the previous warning. Section 4 (4) & 11(2)(a)

Answer 3

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

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

Within two years - within two years of warning.

Question 4

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

Answer 4

a) give their name and address and

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