Trespass Act 1980

Question 1

What is section 9?

Answer 1

When someone is found trespassing, the occupier or police may

1. Get their name/address/ firearm licence number.
2. If the person refuses to comply, the police can caution the person or arrest without a warrant.

Question 2

Elements of trespass after warning to leave?

Answer 2

1. Trespasses
2. On any place (Physical address)
3. After being warned to leave by occupier
4. Neglects or refuses to do so

Question 3

Elements of trespass after previous warnings?

Answer 3

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

Question 4

Section 3 of legal defence: What are 3 reasons you can stay on a property after being told to leave?

Answer 4

1. Their own protection - Chased by gang members.
2. The protection of somebody else - Person runs into a house to help someone.
3. An emergency involving their property or the property of some other person - A woman runs to someones house because she needs help with her property that is on fire.

Question 5

Section 4 of legal defence: What are 4 reasons you can stay on a property after being told to leave?

Answer 5

1. Their own protection - Chased by gang members.
2. The protection of somebody else - Person runs into a house to help someone.
3. An emergency involving their property or the property of some other person - A woman runs to someones house because she needs help with her property that is on fire.
4. The occupier who gave the warning no longer occupies the place.