Trespass OF08

Question 1

What are the 2 main Trespass Offences ?

Answer 1

Trespass after warning to leave
- Trespass Act Section 3(1) & Section 11(2)(a)

And

Trespass after previous warning
- Trespass Act Section 4(4) & 11(2)(a)

Question 2

Offence: Trespass after warning to leave

Name the elements

Answer 2

• Trespasses
• On any place
• After being warned to leave that place by the occupier of that place
• Neglects or refuses to do so

Question 3

Offence: Trespass after warning to leave

Define the following elements:
- Trespasses

-On any place

Answer 3

• Is on ANOTHER PERSONS property WITHOUT AUTHORITY or PERMISSION
• At any PHYSICAL ADDRESS

Question 4

Offence: Trespass after warning to leave

Define the following elements:

• After being warned to leave that place by the occupier of that place
• Neglects or refuses to leave to do so

Answer 4

• MUST BE TOLD to LEAVE by the LAWFUL OCCUPIER of that address
• After the warning NEGLECTS or REFUSES to leave. The person must be given REASONABLE TIME to leave.

Question 5

What Section of the Trespass Act is Trespass after warning to leave in?

Answer 5

Trespass Act 1980 Section 3(1) & 11(2)(a)

Question 6

Offence: Trespass after warning to leave

It is a defense to this section if the defendant proves it was necessary to remain on the place or property for:

Answer 6

Their own protection

The protection of somebody else

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

Question 7

Offence: Trespass after previous warnings

Name the elements:

Answer 7

• Being a person who has been warned under Section 4 to stay off any place
• Wilfully trespasses on that place
• Within two years

Question 8

Offence: Trespass after previous warnings

Define the element:

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

Answer 8

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

Question 9

Offence: Trespass after previous warnings

Define the following element:

• Wilfully trespasses on that place

Answer 9

The offender intentionally, deliberately, without mistake returns to the premise

Question 10

Offence: Trespass after previous warnings

What is the definition of the following element:

• Within 2 years

Answer 10

• Within 2 years after the giving of that warning

Question 11

What Section of the Trespass Act is Trespass after previous warning?

Answer 11

• Trespass Act 1980 Section 4(4) & 11(2)(a)

Question 12

Offence: Trespass after previous warnings

It is a defence to this section if the defendant proves it was necessary for them to remain on the place or property for:

Answer 12

• Their own Protection
• The protection of someone else
• An emergency involving their property or the property of some other persons.
• The occupier who gave the warning no longer occupies the place concerned.

Question 13

How can a warning be issued?

Answer 13

Orally, by notice in writing served personally or by registered post.

Question 14

Where any person is found trespassing on any private land; or any member of police may require that person to:

Answer 14

a) give their name and address, and

b) if they are in possession of a firearm, give their firearms licence number.

Question 15

Offence: Trespass after warning to leave

What are the elements for the following definitions?

• Is on another person’s property without authority or permission
• At any physical address.

Answer 15

• Trespasses

- On any place

Question 16

Offence: Trespasses after warning to leave

What are the elements for the following definitions?

• Must be told by a lawful occupier of that address
• After the warning neglects or refused to leave, must be given reasonable time to leave.

Answer 16

• After being warned to leave that place by the occupier of that place.
• Neglects or refuses to do so.

Question 17

Offence: Trespasses after previous warning

What are the elements for the following definitions?

• A person who has been issued with a warning, either verbally or in writing, to stay off a property.
• The offender intentionally, deliberately, without mistake, returns to the premises.
• Within 2 years after the giving of that warning

Answer 17

• Being a person who has been warned under Section 4 to stay off any place
• Wilfully trespasses on that place
• Within 2 years.