What is S.3(1) about? TA80
Trespass after warning to leave.
What are the elements of S.3? TA80
- Trespasses
- On any place
- After being warned to leave that place by a lawful occupier
- Neglects or refuses to leave.
What’s the definition of lawful occupier?
‘Lawful occupier’ means any person in lawful occupation of that place and includes any employee or other person acting under the authority the lawful occupier.
What is the legal defense for S.3(1)? TA80
- Their own protection .
- The protection of someone else.
- An emergency involving their property or someone isles property.
What is S.4(4) about? TA80
Trespass after previously been warned.
What are the elements of S.4(4)? TA80
- A person who has been warned under S.3
- Willfully trespasses on that place
- Within 2 years.
What is the legal defense for S.4(4)? TA80
- Their own protection .
- The protection of someone else.
- An emergency involving their property or someone isles property.
- The occupier no longer resides at that address.
Can you use forces to remove trespasses?
Yes, S.56 of the Crimes Act 1961 says you may use reasonable prevent a person from trespassing or remove them. But you must strike or harm the body.
How can a trespass notice be given?
Orally, by notice in writing served personally or by registered post.
If a group of 40 people are trespassing, do I have to tell each person to get off my property?
No, as long as you say it loud enough that each person can hear the request.
What’s the procedure for dealing with trespass offence against S.3? TA80
- Obtain full particulars of complaint and ensure the victim is an occupier.
- Ascertain all facts of the complaint.
- Ensure the offender is a trespasser.
What is S.9 about? TA80
Demanding Details of Identity.
What powers to S.9 of the TA80 give you?
The power to demand the trespassers full name, address, and if they are in possession of a firearm, give their firearms license number. If they refuse you can arrest without warrant.
Who can tell a person to leave a public meeting?
The chairperson of that meeting.
