Trespass (OF08)

Question 1

Elements of Trespass after warning to leave
Section 3 (1) & 11 (2)(a)

Answer 1

1) Trespasses

2) On any place

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

4) Neglects or refuses to do so

Question 2

Elements of trespass after previous warnings
Section 4 (4) & 11(2)(a)

Answer 2

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

2) Wilfully trespasses on that place
Within two years

Question 3

Legal defences to a charge or trespass

Answer 3

If the defendant proves it was necessary to remain on the property for their own protection, the protection of somebody else, emergency involving their property or property of someone else and if the occupier who gave the warning no longer occupies the property/place.

Question 4

What information can be demanded by a lawful occupier/police seeking to issue a trespass notice?

Answer 4

• Name and address of the person
• Firearm license if the person is in possession of a firearm