Tresspass act 1980

Question 1

What is the procedure for dealing with a trespass offence against section 3 of the trespass act?

Answer 1

Obtain Full Particulars
Ascertain all facts of the complaint
Decide whether the suspect is there without authority
Ask the complainent to, in your presence, warn the person to leave
If the person decides to leave peacefully;
record particulars, if the occupier request warn the suspect to stay of, and inform them that they commit an offence if they return within 2 years
If the person continues to refuse to leave;
confirm the warning by having the occupier ask the suspect to leave in your presence, if the person continues to refuse to leave, ask the victim in the presence of the suspect, “do you wish for me to act on your behalf”?
If the victim consents warn the suspect to leave
give them reasonable time to leave
if they still refuse, you can arrest the suspect

Question 2

List your powers under section 9 of the trespass act

Answer 2

Demand details of identity and if possesion of firearms give their firearms licence number.
if failing to comply caution the person and if person persists in their failure or refusal, arrest without warrant.

Question 3

Define lawful occupier

Answer 3

Any person in lawful occupation of that place

Question 4

How long is a warning effective under section 4 of the trespass act?

Answer 4

2 years

Question 5

List the ways in which warnings are given pursuant to sections 3 and 4 of the trespass act

Answer 5

Section 3. verbally by the occupier/victim and later by yourself if required to act on their behalf
Section 4. writing and verbal

Question 6

List the legal defences to sections 3 of the trespass act

Answer 6

Their own protection
The protection of somebody else
An emergency involving their property or the property of some other person

Question 7

What is the procedure for dealing with a tresspass offence at public entertainments and public meetings?

Answer 7

The management will order them to leave. if they refuse to do so they are trespassing.

In public meetings, the chairperson is given authority to ask people to leave. the chairperson does not have rights of authority within a public area eg; street corner

Question 8

What are the provisions of section 56 of the crimes act, which relate to when you may use reasonable force to prevent any person from trespassing.

Answer 8

You may use reasonable force to prevent any person from trespassing on land or building, or to remove them from, when lawfully assisting any person in peacable possesion of such land or building. you must not strike or do bodily harm.