Trespass After Warning To Leave Flashcards
Trespasses
Is on another persons property without authority or permission.
Trespass After Warning To Leave
Section 3
Ingredients
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
On any place
At any physical address
After being warned to leave that place by an occupier of that place
Must be told to leave by the LAWFUL OCCUPIER of that address
Neglects or refuses to do so
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.
What is a person’s legal defence in remaining on the place or property?
- Their own protection
- The protection of somebody else
- An emergency involving their property or the property of some other person
With reference to section 5, what are the requirements for giving trespass warnings?
Warnings given pursuant to sections 3 and 4 may be given:
- orally,
- by notice in writing served personally, or
- by registered post.
Demanding Details of Identity
With reference to section 9 of the Trespass Act 1980.
Where any person is found trespassing on any private land, the OCCUPIER or any member of POLICE may require that person to do what?
- Give name and address.
- Give firearm licence number if in possession of a firearm.
If they fail or refuse to comply, police may:
- Caution, and
- If they persist, arrest them.
Demanding Details of Identity
With reference to section 9 of the Trespass Act 1980.
When are offences created during the demanding of details process?
- When they fail or refuse to comply with requirements,
- giving false name and address, and
- giving particulars insufficient to enable address to be identified.
