Trespass And Unlawfully On Property Flashcards

1
Q

What must an enclosed yard have?

A

A building which it services
AND
Enough surrounding elements to show its enclosed

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2
Q

What are the elements of being found in property without reasonable excuse? (Building/ Transport)

A
Found 
Without reasonable excuse
In 
OR
On
Any building
OR
Any aircraft, hovercraft, ship, train 
OR 
Vehicle
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3
Q

What are the elements of Being Found On Property Without Reasonable Excuse? (Enclosed Yard or Area)

A

Found
Without reasonable excuse
In
Any enclosed yard or other such area

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4
Q

What information can be demanded by lawful occupier or Police seeking to issue a trespass notice?

A

Name
Address
If they are carrying a firearm you may require their firearms license number

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5
Q

What is a legal defence to a charge of trespass?

A
If they go onto the property for:
Their own protection
The protection of someone else
Emergency involving their property
The occupier no longer occupies the place
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6
Q

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
Wilfully trespasses on that place
Within two years

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7
Q

What are the elements of Trespass after warning to leave?

A

Trespasses
On any place
After being wanted to leave that place by an occupier of that place
Neglects or refuses to do so

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