Trespass Act 1980

Question 0

What is the definition of:

Lawful occupier?

Answer 0

Any 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.

Question 1

What is the definition of:

Delegated authority?

Answer 1

A person whom authority has been given to by the owner or lawful occupier.

Question 2

What are the 3 Legal Defences to Section 3 Trespass after warning to leave?

Answer 2

1. Their own protection
2. The protection of somebody else( running into a brining house to save others)
3. An emergency involving their property or the property of some other person ( a woman runs into another house to call fire brigade because her house or another persons Josie is non fire)

Question 3

When is a person deemed to be a trespasser?

Answer 3

When he or she is warned to leave by the occupier and then refuses to do so.

Question 4

Under what section of the Crimes Act 1961 are you able to use reasonable force to prevent a person from trespassing on land or building, or to remove them.

Answer 4

section 56 Crimes Act 1961

Question 5

What must you NOT do is executing section 56?

Answer 5

Must NOT strike or do bodily harm to that person

Question 6

When can a trespass notice be given to someone?

Answer 6

1. Are likely to trespass
2. Are trespassing
3. Have trespassed
4. Have been convicted of trespass

Question 7

What are the legal Defences to Section 4 of the Trespass Act 1980?

Answer 7

1. Their protection
2. The protection of somebody else
3. An emergency involving their
   property or the property of some
   other person
4. The occupier who gave the warning no longer occupies the place concerned

Question 8

What are the requirements of Section 5 of the Trespass Act 1980?

Answer 8

Warnings given pursuant to sections 3 & 4 may be given ORALLY, BY NOTICE IN WRITING SERVED PERSONALLY OR BY REGISTERED POST to the trespasser’s usual place of abode.

Question 9

Explain the steps with regards to Section 9 Trespass Act 1980:

Answer 9

1. When person is found trespassing on any private land; the OCCUPIER or POLICE may require:

• name and address
• if in possession of firearm, fire-
arms license

2. If person fails or refuses, police may:

• caution
• if they persist, arrest without warrant

3. Offences are created of:

• failing or refusing to comply
• giving false details
• wilfully giving particulate insufficient lay precise to enable address to be readily identified

Question 10

What are the 2 options you have when a trespass has been committed?

Answer 10

Option 1: Arrest for offence under Section 3
Or

Option 2: Adopt one of the following:
Procedure 1- if person decides to leave quietly
• take their particulars
• if occupier requests warn to stay 
  away for 2 yrs or offence has 
  been committed

Procedure 2- confirm warning by having occupier to ask trespasser to leave in your presence- if person continues to refuse ask in presence of trespasser”do you wish me to act on your behalf?”

• Then warn them to leave
• Give them reasonable time to leave
• if they still refuse you may use reasonable force

Question 11

How may warnings pursuant to section 3 & 4 of the Trespass Act 1980 be given?

Answer 11

1. Orally

2. By notice in writing served personally or by registered post