Trespass Act 1980 Flashcards
If trespass has been committed you can?
1) arrest for offence under section 3
2) person leaves peacefully = record particulars, warn to stay off, inform offence will be committed if they return within 2 years
3) person refuses to leave = confirm warning to leave in officers presence, officer warns to leave (give reasonable time), arrest if still refusing
What is the procedure for dealing with a trespass offence against section 3?
- obtain full particulars of complaint and ensure victim is occupier
- ascertain all facts of complaint
- ensure offender is trespasser
What are the powers under section 9 of the trespass act?
1) person found trespassing on private land is required to:
- give particulars
- give firearms license no.
2) person fails/refuses to comply:
- caution (1st)
- arrest without warrant
Offences are created of?
1) failing/refusing to comply
2) giving false details
3) wilfully giving insufficiently precise particulars
Define ‘lawful occupier’
Any person in lawful occupation of that place or land and includes any employee or other person under that person
How long is a warning effective under section 4?
2 years
Trespass- Discuss legal defence section 3
3 Ps
Protection (their own)
Protection (of someone else)
Property (emergency involving their property or someone else’s)
Trespass- Discuss legal defence section 4
4 Ps
Protection (their own)
Protection (of someone else)
Property (emergency involving their property or someone else’s)
Place (person who issued warning no longer occupies place)
Trespass- Under section 56 of the Crimes Act 1961: when can you use reasonable force?
1) to prevent trespass
2) remove them assisting lawful occupants
In relation to trespass What are section 5 requirements?
Warnings may be given (to section 3 & 4) by; R.O.W
Registered post
Orally
Written notice
What is the procedure for dealing with trespassing at; public entertainment or public meetings?
Becomes a trespasser when;
1) asked to leave by management/chairperson
2) refuses to leave
