Trespass Flashcards
What are the ingredients for Trespass after previous warnings?
Being a person who has been warned under Section 4 to stay off any place.
Wilfully trespasses on that place.
Within two years.
What is the definition for Being a person who has been warned under Section 4 to stay off any place?
A person who has been issued with a warning, either verbally or in writing, to stay off a property.
What is the definition for Wilfully trespasses on that place?
The offender intentionally, deliberately, without mistake, returns to the premises.
What is the definition for Within two years (trespass)?
Within two years after the giving of the warning.
What are the ingredients for Trespass after warning to leave (no longer a CL)?
Trespasses.
On any place.
After being warned to leave that place by an occupier of that place.
Neglects or refuses to do so.
What is the definition for Trespasses?
Is on another person’s property without authority or permission.
What is the definition for On any Place (trespass)?
At any physical address.
What is the definition for After being warned to leave that place by an occupier of that place?
Must be told to leave by the lawful occupier of that address.
What is the definition of Neglects or refuses to do so?
After the warning, neglects or refuses to leave. The person must be given time to leave.
What is the procedure for dealing with a trespass offence against Section 3 of the trespass act?
Obtain full particulars of complaint and ensure the victim is an occupier.
Ascertain all facts of the complaint.
Ensure the offender is a trespasser.
What is the procedure for dealing with a trespass offence against Section 4 of the trespass act?
Obtain full particulars of victim he/she is the lawful occupier.
Ascertain all facts of the complaint:
Establish that there was a warning in the last 2yrs.
Check for documentary proof of the warning.
Speak to the offender:
If possible, obtain acknowledgement of previous warning.
Seek an explanation from offender.
If not acknowledged, satisfy yourself that victim has made correct identification.
Warn to leave and if they refuse, use discretion to arrest.
List your powers under Section 9 of the Trespass act:
The trespasser is required to:
Give particulars of their name and address.
Give their FLicNo if in possession of a firearm.
If they refuse, or fail to comply then Police may:
Caution/warn them.
Arrest without warrant.
Define Lawful Occupier:
Any person in lawful occupation of that place or land.
Includes any employee or other person acting under the authority of any lawful occupier.
How long is a warning effective under Section 4 of the Trespass act?
Two years.
List the legal defences under Section 3&4 of the Trespass act:
Section 3 & 4:
Their own protection
The protection of somebody else
Protection of theirs or someone else’s property
Section 4:
The occupier who gave the warning no longer occupies the place concerned.
