Trespass Act 1980

Question 1

What are the elements of “Trespass after warning to leave” (Section 3)?

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

What are the elements of “Trespass after previous warnings” (Section 4)?

Answer 2

• Being a person who has been warned under Section 4 to stay off any place
• Wilfully trespasses on that place
• Within 2 years

Question 3

Using force

Answer 3

Under section 56 of the Crimes Act 1961 you may use reasonable force to prevent any person from trespassing or to remove them. You must not strike or do bodily harm to that person.

Question 4

Legal defence: Section 3

Answer 4

It is a defence to this section if proven it was necessary to remain on the property for:

• their own protection
• the protection of somebody else
• an emergency involving their property or the property of some other person

Question 5

Legal defence: Section 4

Answer 5

It is a defence to this section if proven 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 or some other person
• the occupier who gave the warning no longer occupies the place

Question 6

What is Section 5?

Answer 6

Warnings given pursuant to sections 3 and 4 may be given orally, by notice in writing or by post.

Question 7

What is Section 9?

Answer 7

Demanding details of identity. If person refuses, warn them and then arrest if they persist.

Question 8

What is Section 4 of the Trespass Act 1980?

Answer 8

Trespass after previous warning.

Question 9

What is Section 3 of the Trespass Act 1980?

Answer 9

Trespass after warning to leave.