Trespass And Unlawfully On Property Flashcards
What must an enclosed yard have?
A building which it services
AND
Enough surrounding elements to show its enclosed
What are the elements of being found in property without reasonable excuse? (Building/ Transport)
Found Without reasonable excuse In OR On Any building OR Any aircraft, hovercraft, ship, train OR Vehicle
What are the elements of Being Found On Property Without Reasonable Excuse? (Enclosed Yard or Area)
Found
Without reasonable excuse
In
Any enclosed yard or other such area
What information can be demanded by lawful occupier or Police seeking to issue a trespass notice?
Name
Address
If they are carrying a firearm you may require their firearms license number
What is a legal defence to a charge of trespass?
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
What are the elements of trespass after previous warnings?
Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within two years
What are the elements of Trespass after warning to leave?
Trespasses
On any place
After being wanted to leave that place by an occupier of that place
Neglects or refuses to do so