Trespass Act 1980

Question 0

Ingredients of trespass after previous warnings

Answer 0

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

Question 1

Ingredients 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

Define trespasses

Answer 2

Is on another persons property without authority or permission

Question 3

Define on any place

Answer 3

At any physical address

Question 4

Define after being warned to leave that place by an occupier of that place

Answer 4

Must be told to leave by the lawful occupier of that address

Question 5

Define neglects or refuses to do so

Answer 5

After the warning, neglects or refuses to leave. The person must be given reasonable time to leave.

Question 6

Define being a person who has been warned under section 4 to stay off any place

Answer 6

A person who has been issued with a warning, either verbally or in writing, to stay off a property

Question 7

Define wilfully trespasses on that place

Answer 7

The offender intentionally, deliberately, without mistake, returns to the premises

Question 8

Powers under s9 of the trespass act

Answer 8

The occupier or any member of police may require that person to
Give their name and address
And if in possession of a firearm, firearms licence number
If the person fails to comply police may
Caution the person and,
If the person persists in their failure or refusal, arrest without warrant

Question 9

Define lawful occupier

Answer 9

Any person in lawful occupation of that place or land and includes and employee or other person acting under the authority

Question 10

List the ways in which warnings can be given

Answer 10

Orally or by notice in writing served personally or by registered post

Question 11

Legal defences to section 3 (trespass after warning to leave)

Answer 11

Their own protection
The protection of somebody else
An emergency involving their property or the property of some other person

Question 12

What are the provisions of s56 crimes act with regards to force

Answer 12

You may use reasonable force to prevent any person from trespassing on land or building,
Or to remove them there from, when lawfully assisting any person in provable possession of such land or building. You must not strike or do bodily harm to that person