Trespassing

Question 1

What is the procedure for dealing with a trespass offence against Section 3 of the Trespass Act?

Answer 1

• Ensure full particulars of the complaint and ensure the victim is an occupier.
• Ascertain all facts of the complaint, cover the elements of the offence.
• Decide whether the suspect is there without authority.
• Ask the complainant to, in your presence, warn the person to leave.
• If the person leaves peacefully, record full particulars and inform them if the occupier requests that if they return withing two years they will be committing an offence.
  If the person refuses to leave confirm the warning by having the occupier ask the suspect to leave in your presence. ask the victim in presence of suspect, Do you wish me to act on your behalf?
• If the victim consents, warn the suspect to leave.
• Give them reasonable time to leave.
• If they still refuse to leave you may arrest the suspect.

Question 2

What is the procedure for dealing with a trespass offence against.
- Section 4 of The Trespass Act?

Answer 2

• Obtain particulars of victim and ensure they are the lawful occupier. Establish that there was a warning to stay off the property within the last 2 years, obtain supporting documentation.
• Speak to the offender, obtain acknowledgment of previous warning, seek an explanation from the offender.
• Ensure the victim has made the correct identification of the offender.
• Warn to leave and if he/she refuses, use your discretion to arrest the offender.

Question 3

Define lawful occupier.

Answer 3

Lawful occupier means any person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.

Question 4

How long is a warning effective under section 4 of the Trespass Act?

Answer 4

Within two years of the giving of the warning.

Question 5

List the ways in which warnings are given pursuant to sections 3 and 4 of the Trespass Act.

Answer 5

Orally, by notice in writing served personally or by registered post.

Question 6

List the legal defences to section 3 of the Trespass Act.

Answer 6

• Their own protection
• The protection of others
• An emergency involving their property or the property of some other person.

Question 7

What is the procedure for dealing with a trespass offence at public entertainment?

Answer 7

• You must ascertain that the person is Creating a disturbance within the meaning of section 37 of the SOA 1981
• They have behaved in a disorderly manner under section 4(1)(a) of the SOA 1981
  Once you have ascertained these details you may with permission from the management remove these people from a venue or if they refuse arrest them under the Trespass Act.

Question 8

What is the procedure for dealing with a trespass offence at public meetings

Answer 8

The chairperson of the public meeting may request someone to leave if they do not they my be treated as a trespasser, however if the meeting is held in an open public area they may not trespass anyone, eg public street corner

Question 9

What are the provisions of section 56 of the Crimes Act 1961, which relate to when you may use reasonable force to prevent any person from trespassing?

Answer 9

You may use reasonable force to prevent any person from trespassing on land or building, or to remove them from, when lawfully assisting any person in peaceful possession of such land or building. You must not strike or do bodily harm to that person.