4 Trespass after warning to stay off
  • (1) Where any person is trespassing or has trespassed on any place, an occupier of that place may, at the time of the trespass or within a reasonable time thereafter, warn him to stay off that place.

    (2) Where an occupier of any place has reasonable cause to suspect that any person is likely to trespass on that place, he may warn that person to stay off that place.

    (3) Where any person is convicted of an offence against this Act committed on or in respect of any place, the court may warn that person to stay off that place.

    (4) Subject to subsection (5), every person commits an offence against this Act who, being a person who has been warned under this section to stay off any place, wilfully trespasses on that place within 2 years after the giving of the warning.

    (5) It shall be a defence to a charge under subsection (4) if the defendant proves that—

    • (a) the person by whom or on whose behalf the warning concerned was given is no longer an occupier of the place concerned; or

    • (b) it was necessary for the defendant to commit the trespass for his own protection or for the protection of some other person, or because of some emergency involving his property or the property of some other person.

    Compare: 1968 No 52 s 4