law on trespass question

[postggj]

Lets get the legal minds thinking on this one

 

we all know the offence of trespass is now a civil offence, taken from the french word Tort

 

There are criminal elemants to trespass by way of Section 61 of the Criminal Justice and Public Order Act 1994. Within that Act, section v contains the relevant legislation.

 

you may need to read this below to get an idea of the legislation that i have compiled

 

Power to remove trespassers on land.

 

Criminal Justice and Public Order Act 1994

 

Even though trespass is a civil matter, the above Act creates a crime of collective trespass.

In this short essay, I will explain the legal position on removing trespassers from private land. The statutory legislation that supports this process is contained within the Criminal Justice and Public Order Act 1994.

 

The relevant section is Part V of the said Act.

 

A senior police officer present can direct a trespasser off private land where the occupier has already taken reasonable steps to ask them to do so, and that the landowner now considers that person to be trespassing on his land. The police officer must have reasonable belief that two or more persons are trespassing before directing them to leave. The legislation is contained under Section 61(1) of the said Act.

 

Under Section 61(1) (a) and Section 61(1) (b)) of the said Act:

 

The police officer has to have reasonable suspicion that any trespassers has caused damage to the land or property, and using threatening, abusive or insulting words towards the occupier, family member or agent of the land owner. Section 61(1) (b) of the said Act also prohibits that those persons have six or more vehicles on the land at any one time.

 

If after receiving a direction by a police constable to leave to leave the land under Section 61(1) of the said Act, and fails to leave the land as soon as reasonably practicable, the trespasser shall commit an offence.

 

If the trespasser returns to the private land again after being directed to leave by a police officer within a three month period, the trespasser shall commit an offence. On summary conviction, the trespasser is liable to a term of imprisonment not exceeding three months, or a fine not exceeding a level 4 on the standard scale, or both.

 

Now for the main question

 

The above legislation is for land, but take a shopping center which is open to the public, but private property. If a teenager is skateboarding in the shopping center,

 

By what Statutory Authority can

 

!/The security guards remove the individual if he refuses to leave the shopping center

 

2/By what authority can the police remove an individual being its a civil offence of trespass

 

Its statutory regulations that i am after to the above questions

 

thanks for reading

[assisted blonde]

I would think that the police can remove under something like public nusience I would have thought that the security guards have no more powers than a member of the public, not sure that tresspass would come into the equation as if the skateborders didnt have skateboards then i assume they wouldnt be asked to leave and having a skateboard dosnt then turn them into a trespasser.

[postggj]

what about a security guard wanting to remove a street performer from a shopping center saying the shopping center is private but open to the public property. The security then states he is trespassing as consent has been withdrawn allowing the street performer onto the private property

 

it is the statutory powers that the security guard has in removing the street performer, and the powers the police have if requested to attend is what i am after, being that trespass is a civil tort

[Ganymede]

Are you trying to cheat on your uni essays?

[postggj]

not cheat, i am trying to find the statutory legislation private security use to expel alleged trespassers, either with, or encouraged force

 

or has it become an accepted practice with no statutory requirement

 

i cannot find any legislation except the Criminal Justice and Public Order Act

 

any takers

[Ganymede]

Ok not "cheat", I was only joking about that but this (and your thread about protesters wearing facemasks) are "research" for coursework aren't they?

[AndyOrch]

And if they are Im not sure the Legal Forum is the right place to conduct your research...this is a self help forum to advise and help people with genuine legal problems.

[assisted blonde]

I think you may find that security guards actually have very little idea about Trespass as do most people, all i will say is that I beleive that trespass itself isnt a crime