Unlwfully on Property Flashcards
1
Q
What are the ingredients for Unlawful on Property?
A
Found
Without reasonable excuse
In - OR -
On
Any building - OR - Any enclosed yard - OR - Any aircraft - OR - Any ship - OR - Any train - OR - Any vehicle
2
Q
Define Found:
A
Discovered on
Seen entering
Seen leaving
Seen
3
Q
Define Without Reasonable Excuse:
A
No lawful, genuine or reasonable excuse.
4
Q
Define In or On:
A
Physically inside of
Physically on.
5
Q
What is the act and section for Unlawfully on Property?
A
SOA 81, S29(1)(a),(b) or (c)
6
Q
What are the powers of arrest for someone who is unlawfully on property?
A
Discretion to warn a person to leave instead of arresting them, in circumstances that suggest the person had no criminal motives.
7
Q
What are the differences between Peeping or Peering and Unlawfully on Property?
A
P&P is only by night and dwelling houses, where are UoP is not limited to time and covers all places.
