20-01-15, 04:35 PM
(20-01-15, 02:06 PM)maddog04 link Wrote: Stevie....so all them signs on premises saying trespass is illegal/against the law etc are bollox?
if someone is trespassing on my property and won't leave, do I have the right to forcibly throw them off or am I guilty of assault?
cheers
The signs normally say 'tresspassers will be prosecuted'. They mean just that, but it's a civil prosecution, not one for the criminal courts.
There's a few 'crimes' that conjoin with tresspass, such as burglary, tresspass with a firearm etc. The only one where the cops get involved is removing people to prevent a breach of the peace or any criminality.
You can use 'reasonable force' to remove people from your property, but it has to beĀ proportionate, and reasonable. It's certainly a very fine line, and one that the courts play with quite a lot.
If in doubt, let the cops sort it out!