Trespass Act 1980 Flashcards
Define elements: Trespass after warning to leave Trespass after previous warnings Describe legal defences to a charge of both trespass offences Identify when a trespass notice can be given Identify what information can be demanded by a lawful occupier or police when encountering a trespasser.
1
Q
Trespass after warning to leave (4) Section 3(1) & 11(2)(a)
A
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
2
Q
When is a person a trespasser?
A
When they’ve been told to leave but then refuses to do so.
3
Q
Legal Defence: Section 3
A
Section 3 states that it is a defence if the defendant proves it was necessary to remain on the place or property for their own protection, somebody else’s protection or an emergency involving their property or another persons property.
4
Q
Trespass after previous warnings (3) Section 4(4) & 11(2)(a)
A
Being a person who has been warned under section 4 to stay off any place
Wilfully trespassed on that place
Within two years
5
Q
A
