Trespass Flashcards
Section 3 trespass act
If trespass committed
Arrest under section 3
Or
Record details, let them know it’s an offence to return within 2 years
Confirm warning
Ask victim to act on there behalf
Give them reasonable time to leave if they refuse remove with reasonable force.
Lawful occupier ??
A person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.
Legal defence to section 3
Their own protection
The protection of somebody else
An emergency involving their property or the property of some other person.
Using force…?
Section 56 crimes act
Under section 56 of the crimes act 1961 you may use reasonable force to prevent any person from trespassing. You must not strike or do bodily harm.
Section 4 trespass act
Ensure you are talking to the lawful occupier
Speak to offender
Satisfy yourself. That the victim has made the correct I.D
Use your discretion to arrest or summons
Legal defence to section 4
Their own protection
The protection of someone 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
Section 5 requirements
How to serve trespass.
Warnings given to section 3 and 4 may be given orally, by notice in writing served personally or by registered post.
Section 9 trespass act 1980
Person found trespassing on any private land. The occupier and police may require that person to give there details…if have a fire arm provide FA lic number
Can be arrested if they refuse.
Section 37 of SO’s act trespass act
Disturbing meetings
