Trespass Act 1980 OF08 Flashcards

1
Q

What are the elements of trespass after warning to leave?

A

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

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2
Q

What is the legal defence of trespass after warning to leave, under section 3?

A

1: Their own protection
2: The protection of somebody else
3: An emergency involving their property or the property of some other person

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3
Q

What is the legal defence of trespass after warning to leave, under section 3?

A

1: Their own protection
2: The protection of somebody else
3: An emergency involving their property or the property of some other person

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4
Q

What are the elements of trespass after previous warnings?

A

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

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5
Q

What is the legal defence of trespass after previous warnings, under section 4?

A

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

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6
Q

When are the 4 situations where you can give someone a trespass notice?

A

1: Are likely to trespass
2: Are trespassing
3: Have trespassed
4: Have been convicted of trespass

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7
Q

What section of the Crimes Act 1961 authorises use of force to prevent trespass?

A

Section 56. Must not strike or do bodily harm.

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