Tresspass After Previous Warnings

Question 0

Being a person who has been warned under Section 4 to stay off any place

Answer 0

A person who has been ISSUED WITH A WARNING, either verbally or in writing, TO STAY OFF A PROPERTY.

Question 1

Trespass After Previous Warnings
Section 4
Ingredients

Answer 1

Being a person who has been warned under Section 4 to stay off any place

Willfully trespasses on that place

Within two years

Question 2

Willfully trespasses on that place

Answer 2

The offender INTENTIONALLY, deliberately, without mistake, RETURNS TO THE PREMISES

Question 4

Within two years

Answer 4

Within two years after the giving of the warning.

Question 5

When is it a legal defence to remain on the place or property relating to section 4 (Trespass after previous warnings)?

Answer 5

• Their own protection
• The protection of somebody else
• An emergency involving their property or the property of some other person
• The occupier who gave the warning no longer occupies the place concerned

Question 6

With reference to section 5, what are the requirements for giving trespass warnings?

Answer 6

Warnings given pursuant to sections 3 and 4 may be given:

• orally,
• by notice in writing served personally, or
• by registered post.

Question 7

Demanding Details of Identity
With reference to section 9 of the Trespass Act 1980.

Where any person is found trespassing on any private land, the OCCUPIER or any member of POLICE may require that person to do what?

Answer 7

• Give name and address.
• Give firearm licence number if in possession of a firearm.

If they fail or refuse to comply, police may:

• Caution, and
• If they persist, arrest them.

Question 8

Demanding Details of Identity
With reference to section 9 of the Trespass Act 1980.

When are offences created during the demanding of details process?

Answer 8

• When they fail or refuse to comply with requirements,
• giving false name and address, and
• giving particulars insufficient to enable address to be identified.