Trespass

Question 1

What are the elements of trespass after warning to leave?

Answer 1

Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so

Question 2

What are the elements of trespass after previous warning?

Answer 2

Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within two years

Question 3

What are the legal defences for trespass?

Answer 3

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

Question 4

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

Answer 4

Give their name and address, and if they’re in possession of a firearm, give their firearms license number