Trespasses - Elements and Defences

Question 1

Trespass after warning to leave - Element 1

Answer 1

Trespasses

Question 2

Trespass after warning to leave - Element 2

Answer 2

On any place

Question 3

Trespass after warning to leave - Element 3

Answer 3

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

Question 4

Trespass after warning to leave - Element 4

Answer 4

Neglects or refuses to do so

Question 5

Trespass after warning to leave - Elements

Answer 5

• Tresspasses
• on any place
• after being warned to leave that place by an occupier of that place
• neglects to do so

Question 6

Trespass after previous warnings - Element 1

Answer 6

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

Question 7

Trespass after previous warnings - Element 2

Answer 7

Wilfully trespasses on that place

Question 8

Trespass after previous warnings - Element 3

Answer 8

Within two years after the giving of the warning

Question 9

Trespass after previous warnings - Elements

Answer 9

• Being a person who has been warned under section 4 to stay off any place
• wilfully trespasses on that place
• within two years

Question 10

Defence to Trespass - 1

Answer 10

Own protection

Question 11

Defence to Trespass - 2

Answer 11

Protection of somebody else

Question 12

Defence to Trespass - 3

Answer 12

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

Question 13

Defence to Trespass - 4
(S4 only)

Answer 13

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

Question 14

When can someone be trespassed?
(Four answers)

Answer 14

1. Are likely to trespass
2. Are trespassing
3. Have trespassed
4. Have been convicted of trespass