Trespassing and being found on property Flashcards
What are the elements of Trespass section 3 (1)
Trespasses
On any place
After being warned to leave by an occupier of that place
Neglects or refuses to do so
What are the elements for Trespass after being warned S4(4)
Being a person who has been warned under section 4 to stay off any place
wilfully trespasses on that place
within 2 years
What are the legal defences that a defendant can use
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.
Who can warning be given
Orally
by notice in writing served personally
or by registered post
Where a person is trespassing on private land. The occupier or the police may require a person to
Give their name and address, and
if they are in possession of a firearm, give the firearms licence number
If a person fails or refuses to comply with the requirements, any member of the police may
Caution the person, and
if the person still resists in their failure or refusal, arrest without warrant
What are the elements of being found on property without a reasonable excuse ( building or transport)
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.
what are the elements of being found on property without a reasonable excuse?
Found
without an reasonable excuse
In
Any enclosed yard or other such area
How is yard or other such area proven?
An enclosed yard, garden or area, appurtenant to the building.