Trespass Act 1980 Flashcards
What does Section 3 deal with?
Section 3 – Deals with initial trespass.
What is the legal defence for trespassing under Section 3?
It is a defence if the defendant proves it was necessary to remain on the place or property for
Their own protection
The protection of somebody else
An emergency involving their property or the property of some other person
A person is not a trespasser until when?
They have been warned to leave by the lawful occupier and then refuse to do so.
What does Section 4 deal with?
Section 4 – Deals with when you come back.
What is the legal defence for trespassing under Section 4?
It is a defence if the defendant proves it was necessary to remain on the place or property for
Their own protection
The protection of somebody 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
A trespass notice can be given to a person when they?
Are likely to trespass
Are trespassing
Have trespassed
Have been convicted of trespass
What force may you use when dealing with trespassers?
Under Section 56 of the Crimes Act 1961, you can use reasonable force to prevent or remove trespassers.
You must not strike or do bodily harm to that person.
Section 5 – States that warnings given pursuant to sections 3 or 4 may be given how?
Orally
By notice in writing served personally
By notice in writing by registered post.
Section 9 – States that where a person is found trespassing on private land, the OCCUPIER or any member of the POLICE may require that person to what?
Give their name and address, and
If they are found in possession of a firearm, give their firearms licence number.
What are the powers of arrest for trespass?
Sections 3 & 4 of Trespass Act 1980
POA Section 315(2) Crimes Act 1981
Section 9 of Trespass Act 1980
POA Section 9 Trespass Act 1980
Who is classed as a Lawful Occupier?
Any person in lawful occupation of a place.
Includes employee or other person acting under authority of a person in lawful occupation of that place
