COA Trespass Act and Removal of Persons 1 — Questions and Answers
Question 1: Under the Trespass Act 1980, how long does a trespass warning remain in force?
- 6 months
- 1 year
- 2 years (Correct answer)
- 5 years
Correct answer: 2 years
A trespass warning issued under the Trespass Act 1980 remains in force for 2 years from the date it is given.
Question 2: Who has the lawful authority to issue a trespass warning on private premises?
- Any bystander present on the property
- The occupier or a person authorised by the occupier (Correct answer)
- Only sworn police officers
- Only licensed security supervisors
Correct answer: The occupier or a person authorised by the occupier
The Trespass Act 1980 allows the occupier of premises, or any person authorised to act on the occupier's behalf, to issue a trespass warning.
Question 3: A verbal trespass warning under the Trespass Act 1980 is:
- Not legally valid — all warnings must be in writing
- Legally valid but more difficult to prove than a written notice (Correct answer)
- Valid only if a police officer is present as a witness
- Valid only on licensed premises such as bars and clubs
Correct answer: Legally valid but more difficult to prove than a written notice
A verbal warning is legally recognised under the Trespass Act 1980, though a written notice provides clearer evidence if enforcement is later needed.
Question 4: A person who has received a trespass warning returns to the property. What is the most appropriate first action for a security officer?
- Physically restrain the person immediately
- Contact the police who have the power to arrest and remove the person (Correct answer)
- Issue a second trespass warning before taking further action
- Allow the person entry and monitor their behaviour closely
Correct answer: Contact the police who have the power to arrest and remove the person
Security officers do not have the power to arrest for trespass; the correct course is to contact the police, who can arrest and remove a trespasser who has breached a warning.
Question 5: When issuing a trespass warning, what key information must a security officer communicate to the person?
- The officer's employer name and security licence number
- The nature of the warning, the premises concerned, and the consequences of returning (Correct answer)
- A full written record of the person's previous visits to the premises
- The legal section of the Trespass Act 1980 being invoked
Correct answer: The nature of the warning, the premises concerned, and the consequences of returning
For a trespass warning to be effective, the person must clearly understand that they are being warned off specific premises and what will happen if they return.
Question 6: Which of the following would most likely make a trespass warning invalid?
- Issuing the warning during night-time hours
- The warning being given by someone without authority from the occupier (Correct answer)
- The person refusing to acknowledge receipt of the warning
- Issuing the warning verbally rather than in writing
Correct answer: The warning being given by someone without authority from the occupier
A trespass warning is only valid if it is issued by the occupier or someone properly authorised by the occupier; a warning from an unauthorised person has no legal standing.
Question 7: A security officer cannot identify a person by name when issuing a trespass warning. What should the officer do?
- Refrain from issuing the warning until the person's identity is confirmed
- Issue the warning to the person directly, using a sufficient description if no name is known (Correct answer)
- Ask police to issue the warning on their behalf instead
- Record a photograph and issue the warning retrospectively by post
Correct answer: Issue the warning to the person directly, using a sufficient description if no name is known
A trespass warning can be directed at a person even if their name is unknown, provided the warning is given directly to that individual with a sufficient description for identification.
COA Trespass Act and Removal of Persons 1
Under the Trespass Act 1980, how long does a trespass warning remain in force?