Trespassing Flashcards
Trespass Act 1980
Section 3
Trespass after warning to leave
Trespass Act 1980
Section 4
Trespass after previous verbal/written warning
ELEMENTS: Section 3
- Trespasses
- On any place: A physical address
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so
Penalty: 3 months/$1,000 fine
ELEMENTS: Section 4
- Being a person who has been warned under section 4 to stay off any place
- Wilfully trespasses on that place: Intentionally/deliberately
- Within two years: within two year period
DEFENCES: Section 3
- Protection him/herself: ie running/hiding from gang
- Protecting someone else: ie. Running onto property to save a person from a fire
- Any emergency involving his/her property or the property of another person: ie. running onto property to call 111 cause house on fire
Defences: Section 4
- Protection him/herself: ie running/hiding from gang
- Protecting someone else: ie. Running onto property to save a person from a fire
- Any emergency involving his/her property or the property of another person: ie. running onto property to call 111 cause house on fire
- The occupier of property who gave warning no longer occupies the property
What act and section explains “Use of Force”
Crimes Act 1961 Section 56
- Says you can use reasonable force to prevent any person from trespassing/remove them from property
What MUST you do if person agrees to leave lawfully
- ALWAYS take particular: maybe theres a warrant for arrest? outstanding charge?
- If resists, warn them
- If still does not comply, arrest
Section 9
Trespassing on private property
Demanding details of identity
- Particulars
- If in possession of firearm, obtain license
Trespass by police
Police can be charged with trespassing.
Police are trespassing on property unless they have legal authority to be there which can be without without warrant
WITH: Powers from judiciary
WITHOUT:
- Section 315 of Crimes Act 1961
- Section 39 of Summary Offences Act 1981
