OF08 Trespass And Unlawfully On Property

Question 1

What is section 3 of the trespass Act 1980?

Answer 1

Dealing with someone trespassing now

Question 2

What is section 4 of the Trespass Act 1980?

Answer 2

Trespass after warning to stay off

Lawfull occupier/ agent (police) can warm them off
“Under section 4 … I am warning you to stay off these premises for 2 years”

Question 3

What is section 5 of the Tresspass Act 1980?

Answer 3

Delivery of warnings- a warning under section 3 or 4 shall be given to the individual person concerned whether orally, or by notice in writing.

Question 4

What is section 9 of the tresspass Act 1980?

Answer 4

Demanding details of identity.

Obligation to give name & other particulars

Question 5

What is section 56 of the Crimes Act 1961?

Answer 5

Defence of land or building
- everyone in peaceable possession of any land or building is justified in using reasonable force to prevent any person trespassing as long as they do not strike or do bodily harm to that person.

Question 6

For section 29 (1) (a) or (c) of the Summary Offences Act 1981 list the elements of “being found on property without reasonable excuse” (building/transport)

Answer 6

The person must be:
Found- proven by: to be seen, to be discovered, to come upon with out reasonable excuse.
In- proven by: physically inside of
Or
On- proven by: physically on
Any building- proven by: a structure with a roof & walls
Or
Any aircraft, any hovercraft, any ship, ferry or other vessel, any train, any vehicle

Question 7

For section 29 (1) (b) of the Summary Offences Act 1981 list the elements of ‘being found on property without reasonable excuse’ (enclosed building/ yard)

Answer 7

The person must be:
Found- proven by: to be seen, to be discovered, to be come upon
Without reasonable excuse
In- proven by: physically inside of
Any enclosed yard or other such area

Question 8

What are the powers of arrest for ‘being found on property’?

Answer 8

Section 39 (1) of the Summary Offences Act 1981
Has good cause to suspect provides the police with a power to arrest without warrant for this offence