Trespassing

Question 1

What are the elements of being found on property without reasonable excuse under SOA1981 S29(1)(a)

Answer 1

(Building/transport) 
Found,
Without reasonable excuse,
In OR on,
Any building OR any aircraft OR any hover craft OR any ship, ferry or other vessel OR any train OR any vehicle

Question 2

What are the elements of being found on property without reasonable excuse under SOA1981 S29(1)(b)

Answer 2

(Enclosed yard or area)
Found,
Without reasonable excuse,
In,
Any enclosed yard or other such area.

Question 3

What is the definition of enclosed yard?

Answer 3

Must belong to a building and must serve that building eg backyard to a house.

Question 4

What are the elements of trespassing after warning to leave (S3 - Trespass Act)

Answer 4

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

Question 5

What are the elements for trespassing after previous warnings? (S4)

Answer 5

Being a person who has been warned under S4 to stay off any place,
Wilfully trespasses on that place,
Within 2 years.

Question 6

What is your power of force to prevent trespassing?

Answer 6

Crimes Act 1961 section 56

Question 7

What are the legal defences to a charge of trespassing?

Answer 7

If they on the place or property for;
Their own protection,
The protection of someone else,
An emergency involving their property or the property of another person and (under S4) the occupier who gave the warning no longer occupies the place concerned.

Question 8

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

Answer 8

Particulars of his name and place of residence & number of fire arms license if any.

Question 9

What section are your powers of arrest if persists on failing to comply with providing particulars? (Trespassing)

Answer 9

Section 9 Trespass Act 1980