Trespass after warning to leave / previous warnings

Question 1

What are the ingredients for Trespass after warning to leave?

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

Define the Trespass after warning to leave ingredient:

Trespasses

Answer 2

Is on another person’s property without authority or permission.

Question 3

Define the Trespass after warning to leave ingredient:

On Any Place

Answer 3

At any physical address

Question 4

Define the Trespass after warning to leave ingredient:

After being warned to leave that place by an occupier of that place

Answer 4

Must be told to leave by the lawful occupier of that address.

Question 5

Define the Trespass after warning to leave ingredient:

Neglects or refuses to do so

Answer 5

After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.

Question 6

What are the ingredients for Trespass after previous warnings?

Answer 6

Being a person who has been warned under Section 4 to stay off any place

Wilfully trespasses on that place

Within two years

Question 7

Define the Trespass after previous warnings ingredient:

Being a person who has been warned under Section 4 to stay off any place

Answer 7

A person who has been issued with a warning, either verbally or in writing to stay off a property.

Question 8

Define the Trespass after previous warnings ingredient:

Wilfully trespasses on that place

Answer 8

The offender intentionally, deliberately, without mistake, returns to the premises.

Question 9

Define the Trespass after previous warnings ingredient:

Within two years

Answer 9

Within two years after the giving of the warning.

Question 10

What is the Act and penalty for Trespasses?

Answer 10

Trespass Act 1980

3 months Imprisonment / $1000 fine

Question 11

Define Lawful Occupier

Answer 11

Any person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.

Question 12

What legal defence does a person have for trespassing after warning to leave according to section 3?

Answer 12

For their own protection

The protection of somebody else

An emergency involving their property or the property of some other person.

Question 13

What legal defence does a person have for trespassing after previous warnings according to section 4?

Answer 13

For their own protection

The protection of somebody else

An emergency involving their property or the property of some other person.

The occupier who gave the warning no longer occupies the place concerned.

Question 14

When can a trespass notice be given?

Answer 14

When a person is:

• Likely to trespass
• Trespassing
• Has Trespassed
• Has been convicted of Trespass

Question 15

What Force may you use?

Answer 15

Under Section 56 of the crimes Act 1961, you may use reasonable force to prevent/remove a person trespassing on land or building. You must not strike or do bodily harm to that person.

Question 16

What requirements are there for warnings given pursuant to section 3 or 4?

Answer 16

Under Section 5 it may be given orally, by notice in writing served personally or by registered post.

Question 17

Where a person is found trespassing on private land what may the occupier or the police do?

Answer 17

Under section 9 of the Trespass act they may require the person to give their name, address and if they are in possession of a firearms licence, give their firearms licence number.

If the person refuse a member of police may caution the person or arrest them.

Question 18

What is the rule of law around public meetings and entertainment?

Answer 18

Every contract for admission is subject to the implied condition that the person admitted will behave properly.

If an audience member or person admitted breaks the conditions the management may order that person to leave. if they refuse to leave they become a trespasser.