Offences OF08

Question 1

What are the elements of Trespass after warning to leave (Trespass act 1980 Section 3 (1) )

Answer 1

1) Trespasses
2) On any place
3) After being warned to leave that place by an occupier of that place
4) Neglects or refuses to go so

Question 2

What are the elements of Trespass after previous warnings (Trespass act 1980 Section 4 (4) )

Answer 2

1) Being a person who has been warned under section 4 to stay off any place
2) Wilfully trespasses in that place
3) Within two years

Question 3

Understand the legal defences for a person against a charge of trespass

Answer 3

1) Their own protection
2) Protection if another
3) An emergency involving their property or the property of another person

Question 4

What information can be demanded by a lawful occupier/Police seeking to issue to issue a trespass notice

Answer 4

1) Name and address

2) if they are in possession of a fire arms license

Question 5

Name the elements for ‘Being found on property without reasonable excuse’ (Building/Transport) (Summary Offences Act 1981, Section (1) (a) or 29 (1)(c) )

Answer 5

1) Found
2) Without reasonable excuse
3) In OR on
4) Any building or Vehicle

Question 6

Name the elements for ‘Being found on property without reasonable excuse’ (Enclosed Yard/Area) (Summary Offences Act 1981, Section (1) (b)

Answer 6

1) Found
2) Without reasonable excuse
3) In
4) Any enclosed yard or other such area