Trespassing and being found on property Flashcards

1
Q

What are the elements of Trespass section 3 (1)

A

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

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2
Q

What are the elements for Trespass after being warned S4(4)

A

Being a person who has been warned under section 4 to stay off any place
wilfully trespasses on that place
within 2 years

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3
Q

What are the legal defences that a defendant can use

A

For their own protection
The protection of somebody else
an emergency involving their property or the property of some other person

Section 4 adds:
The occupier who gave the warning no longer occupies the place concerned.

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4
Q

Who can warning be given

A

Orally
by notice in writing served personally
or by registered post

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5
Q

Where a person is trespassing on private land. The occupier or the police may require a person to

A

Give their name and address, and

if they are in possession of a firearm, give the firearms licence number

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6
Q

If a person fails or refuses to comply with the requirements, any member of the police may

A

Caution the person, and

if the person still resists in their failure or refusal, arrest without warrant

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7
Q

What are the elements of being found on property without a reasonable excuse ( building or transport)

A

Found
without a reasonable excuse
In OR On
Any building OR any aircraft OR any hovercraft OR any ship, ferry or other vessel OR any train OR any vehicle.

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8
Q

what are the elements of being found on property without a reasonable excuse?

A

Found
without an reasonable excuse
In
Any enclosed yard or other such area

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9
Q

How is yard or other such area proven?

A

An enclosed yard, garden or area, appurtenant to the building.

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