Trespass Flashcards
What are the elements of trespass after warning to leave
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
Definition of trespasses
Is on another ….
Is on another persons property without the authority or permission
Definition of on any place
At Any phy…..
At any physical address
Definition of after being warned to leave that place by an occupier of that place
Must be told …
Must be told to leave by the lawful occupier of that address
Definition of neglects or refuses to do so
After the warning …
After the warning , neglects or refuses to leave .
The person must be given reasonable time to leave
What are the legal defences to a charge of trespass
4
- There own protection
- The protection of somebody else
- Any emergency involving their property or the property of some other person
Section 4 - the occupier who gave the warning no longer occupies that place.
What does section 9 of trespass 1980 act involve
Demanding details of identity
Which are name address and firearms licence
When can police demand identity
When somone is found trespassing
Where any person found trespassing on any private land , the occupier or any member of police may require the person to …
Give their name and address
If they are in possession of a firearm , give their firearms license number
If the person fails or refuses to comply with these requirements, any member of police may
- caution the person
- if the person persists in there failure or refusal arrest without a warrant
Offences are created of ..
Failing or refusing …
Giving false ..
Willingly giving particulars…
- Failing or refusing to comply with requirements
- Giving false names and addresses
- Willingly giving particulars that are insufficiently precise to enable the address to be readily identified
What are the elements to trespasses after pervious warning
Being a person ….
Wilfully..
Within …
Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within two years
Being a person who have been warned under section 4 to stay off any place
A person who has ….
A person who has been issued with a warning either verbally or in writing to stay off the property
Wilfully trespasses on that place
The offender intentionally…
The offender intentionally , deliberately, without mistake returns to the premises
Within two years
Within two years after the giving of the warning
