Civil Disputes Flashcards
Define a civil dispute
Incident where there is a disagreement but no crime is involved
Things to do when dealing with civil disputes
- be firm and fair
- seperate parties if necessary
- advise each party but don’t take sides
- don’t promise any solutions
- use PNB
What is the PAW communication model
Persuade
Advise
Warn
What is trespass
Unlawful entry by one person on land in the possession of another
Is trespass a criminal offence
No
What action can you take to trespass
- establish who the lawful owner is
- try and persuade trespasser to leave
- if lawful owner can’t force them to leave then arrest for breach of peace offence
What force can u use to remove person from land
No more than is necessary for removal
Define a breach of the peace
When harm is done or is likely to be done to a person or his or her property
Is breach of peace an offence
No
If breach of peace is not an offence what is it?
Common law power of arrest
Is a necessity required for breach of peace
No
Does breach of peace allow for power of entry?
Yes
What court will breach of peace go to
Magistrates
What will magistrates do to people who breach the peace
Bind over them and order them to have good behaviour
What happens if a person doesn’t comply with the bind
MAx sentence 6 months prison
