Trespassing

janeferguson

Registered User
Messages
25
Trespassing is not a criminal offence unless it is done to intimidate. If the someone goes into it someone else's garden or and doesn't leave when asked what says if they were intimidating? Is it because the resident felt fear or the trespassers intended to instill fear?

This is something I am curious about. I was not involved in any similar incident
 
Trespass on building, etc.

13.—(1) It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.

(2) (a) Where a member of the Garda Síochána finds a person in a place to which subsection (1) relates and suspects, with reasonable cause, that such person is or has been acting in a manner contrary to the provisions of that subsection, then the member may direct the person so suspected to do either or both of the following, that is to say:

(i) desist from acting in such a manner, and

(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.

(b) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(3) (a) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(b) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both.

Above is the wording of the relevant section of the relevant act - Sec 13 Criminal Justice (Public Order) Act.

There is no black and white definition of what will give rise to a prosecution.

Any prosecution of a complaint made will stand or fall on its own merits.
 
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