Trespass : Must Knows Flashcards
Elements of Trespass : Warning to Leave
Trespass Act 1980 Section 4(4) & 11(2)(a)
T O A N. TRESPASSES ON any place AFTER being warned to leave that place by an occupier of that place NEGLECTs or refuses to do so.
Defence to Trespass Warning to Leave
It is a defence if the defendant proves it is necessary to remain on that place or property for:
Their own Protection
The protection of somebody else
An emergency involving their property or the property of someone else.
The occupier who gave the warning no longer occupies the place concerned.
Elements of Trespass : After Previous Warnings
Trespass Act 1980 Section 4(4) & 11 (2)(a)
P W W 2.
Being a PERSON who has been warned under Section 4 to stay off any place
WILFULLY trespasses on that place
WITHIN 2 years
Demand Details of Identity
Section 9 Trespass Act, 1980
When a person is found trespassing, the occupier or member of police may require that person to :
- give their name and address.
- if they are in possession of a firearm, give their firearms licence number.
If a person refuses to comply with requirements for details of identity police can:
- Caution the Person
- If the person persists in their refusal, arrest without a warrant.
Offences created from Trespassing
- Failing or refusing to comply with requirements
- Giving false name and address
- wilfully giving particulars that are insufficiently precise to enable the address to be readily identified
Warning procedures.
- Under section 3 (Warning to Leave) a verbal warning is sufficient.
- Under Section 4 (After Previous Warnings) a more formal warning is needed with explicit instructions.
e. g. I want you to leave now and under the terms of the Trespass Act, I do not want you to come back onto my property for two years.
Written warning is preferred and is standard practice.
Warning Procedures for a group.
As long as there isn’t any real doubt that the defendant could hear the warning then a blanket statement to the group is sufficient.
