OF08: Trespass Flashcards
1
Q
What 4 offences come under ‘Trespass’
A
- Trespass after warning to leave
- Trespass after previous warnings
- Being found on property without reasonable excuse
(building/transport) - Being found on property without reasonable excuse
(enclosed yard or area)
2
Q
Elements of ‘Trespass after warning to leave’
A
- Trespasses
- On any place
- After being warned to leave that place by the occupier
- Neglects or refuses to do so
3
Q
Elements of ‘Trespass after previous warnings’
A
- Being a person who has been warned previously under Section 4 to stay off any place
- Wilfully trespasses on that place
- Within 2 years
4
Q
Elements of ‘Being found on property without reasonable excuse (building/transport)
A
- Found
- Without reasonable excuse
- In or on
- Any building or any vehicle
5
Q
Elements of ‘Being found on property without reasonable excuse (enclosed yard/area)
A
- Found
- Without reasonable excuse
- In
- Any enclosed yard or other area
6
Q
What details can an occupier or Police demand from someone being trespassed?
A
- Their name and address
- Whether they possess a firearm and the number of their firearms licence
7
Q
When is someone allowed to trespass?
A
- Their own protection
- The protection of others
- Emergency involving anyone’s property
- If the occupier that gave the trespass no longer occupies the property
8
Q
When can a trespass notice be issued?
A
- When they are likely to trespass
- They are trespassing
- They have trespassed
- Have been convicted of trespass
