Trespass Act 1980 OF08 Flashcards
What are the elements of trespass after warning to leave?
a: Trespasses
b: On any place
c: After being warned to leave that place by an occupier of that place
d: Neglects or refuses to do so
What is the legal defence of trespass after warning to leave, under section 3?
1: Their own protection
2: The protection of somebody else
3: An emergency involving their property or the property of some other person
What is the legal defence of trespass after warning to leave, under section 3?
1: Their own protection
2: The protection of somebody else
3: An emergency involving their property or the property of some other person
What are the elements of trespass after previous warnings?
a: Being a person who has been warned under section 4 to stay off any place
b: Wilfully trespasses on that place
c: Within 2 years
What is the legal defence of trespass after previous warnings, under section 4?
1: Their own 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
When are the 4 situations where you can give someone a trespass notice?
1: Are likely to trespass
2: Are trespassing
3: Have trespassed
4: Have been convicted of trespass
What section of the Crimes Act 1961 authorises use of force to prevent trespass?
Section 56. Must not strike or do bodily harm.