Trespass Flashcards
What does section 9 of the Trespass Act 1980 give me the power to do?
Personal details
- Name
- Address
- Firearms licence
List the six things you would consider when attending a prowler complaint?
- Obtain details of the complaint
- Check whether the police have a dog unit available
- Park well away and approach quietly
- Cordon the address
- Search the grounds thoroughly
- Examine the scene and gather evidence that is available
Who is the lawful occupier?
Is the owner of the property or the entitled occupier
for example the tenant
Does a boarder have the same rights as a tenant?
No the owner can ask the boarder to leave at any time
When is a trespass a trespass?
When a person is asked to leave by the lawful occupier and refuses to leave
What are the defenses for trespass section 3?
- Protection of someone else
- Own protection
- Emergency
What are the defenses for a section 4 trespass?
- Protection of some one else
- Own protection
- Occupier has changed
- Emergency
What must a person give you under the Trespass Act 1980 section 9 and what happens if they continue to refuse?
- Name
- Address
- Firearms licence
What does section 56 of the Trespass Act 1980 allow me to do?
Use reasonable force to remove someone
What is the correct process for moving some that has been trespassed?
a-Manager to ask the person to leave
b-Police are called
c-Ask in my presence the trespasser to leave
d-Ask the victim on the presences of the trespasser “do you wish me to act on your behalf”
e-Warn the trespasser with time to leave
f-Reasonable force to move them on
Regarding trespass what things are critical for success?
- Facts of complaint is she/he the lawful occupier
- Have they been issued with a trespass notice in the last two years
- Either arrest for section 4 breach or follow the procedure for a section 5 presentation
Under section 5 of the Trespass Act 1980 in which way pursuant to section 3 and 4 can a warning be given?
R-registered post
O-Orally
W-Written trespass notice handed to them in the person
How long does a trespass notice last for?
Two years
What is the penalty for trespass?
3 months imprisonment or $1000 fine
What are all the trespass sections and their functions?
s3- the initial trespass
s4- Have been issued with a trespass notice but have returned
s5 - To issue a trespass notice
s9 - Supply of details and power to arrest
s56-Can use reasonable force to remove
