Trespass Act and Removal of Persons Flashcards
7 cards from real COA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Trespass Act and Removal of Persons flashcards as text
Under the Trespass Act 1980, what must occur before a person can be found guilty of trespass?
Answer: They must have received a warning and subsequently returned to the premises without permission
The offence of trespass under the Act requires that a person received a warning to leave or stay away, and then returned or remained contrary to that warning.
A trespass warning issued under the Trespass Act 1980 applies to:
Answer: The specific individual warned, and no one else
A trespass warning is personal and applies only to the specific individual to whom it is directed; it cannot automatically bind other people.
To be effective, a written trespass notice must:
Answer: Sufficiently identify or describe the person being warned and specify the premises
A valid trespass notice must clearly identify the person being warned (by name or sufficient description) and specify the premises to which the exclusion applies.
A security officer escorts a person off the premises after issuing a trespass warning. If reasonable, what level of physical contact is permissible during this escort?
Answer: Reasonable force that is proportionate and necessary in the circumstances, if other options are exhausted
Security officers may use reasonable force when it is necessary and proportionate to the situation, but force is a last resort and must not exceed what the circumstances genuinely require.
A security officer has issued a trespass warning but the person claims they did not understand it. The officer should:
Answer: Re-explain the warning clearly and confirm the person understands the premises, duration, and consequences
Ensuring the person genuinely understands the warning is part of issuing it effectively; re-explaining clearly reduces the risk of disputes and strengthens the validity of the warning.
Which of the following best describes the relationship between the Trespass Act 1980 and the role of police in enforcing trespass?
Answer: Police can arrest a person who has breached a trespass warning and use powers security officers do not have
Police hold arrest powers that security officers do not, making them the appropriate agency to deal with a person who returns after a trespass warning has been issued.
A property occupier wants to give a standing instruction allowing their security team to issue trespass warnings without consulting them each time. This arrangement is:
Answer: Lawful — the occupier can grant ongoing authority to security staff to act as their agents
An occupier can grant security staff standing authority to issue trespass warnings as their authorised agents, which is a normal and lawful arrangement in commercial security operations.