Trespass Flashcards
When is a person deemed to be trespassing?
Once they have been warned to leave by the lawful occupier and then refuse ks to do so.
What are the 4 elements of Trespass (after warning to leave)?
1.Trespasses
2.On any place
3.After being warned to leave by the occupier of that place.
4. Neglects and refuses to do so
What are the 3 elements to Traspass (after previous warnings)?
1.Being a person who has been warned under Secrion 4 of the Trespass act to stay off any place.
2.Wilfully trespasses
3.Within 2 years
What are the 3 legal defences for someone who ‘ Trespassed after warning to leave (S3)?
-their own protection
-protection of somebody else
-emergency involving their or someone else’s property
What are the 4 egal defences for someone who ‘ Trespassed after previous warnings (S4)?
-For their own safety
-For someone else’s safety
-Emergency regard their own property or someone else’s.
-The occupier who gave the trespass no longer occupies that property.
When can a trespass notice be given ?
A trespass notice can be given when:
-A person is likely to trespass
-Are trespassing
-Have trespassed
-Have been convicted of trespass
Under what section of the Trespass act can you use reasonable force to prevent or remove any person trespassing?
Secrion 56 of the Trespass act 1980
Demanding details of identity of a person trespassing. (Section 9 of the Trespass Act)
What must someone give to police when found trespassing? (2)
-name and address
-if they are in possession of a firearm, their firearms license number
Demanding details of identity of a person trespassing. (Section 9 of the Trespass Act) What to do if a person fails to comply when trespassing?
-Caution the person
-if they persist, then arrest
Demanding details of identity of a person trespassing. (Section 9 of the Trespass Act) what are offences created by when trespassing? (3)
-failing to comply
-giving false name and address
-not precise info to enable finding their address
