COA Trespass Act and Removal of Persons 2

Question 1

A security officer working as an agent of a property occupier issues a trespass warning. For this to be lawful, the officer must:

Accepted Answer

Have been granted authority by the occupier to act on their behalf

Answer

Hold a supervisor-level security licence

Answer

Be accompanied by a police officer at the time of issuing the warning

Answer

Issue the warning in writing only, with the occupier's signature

Question 2

A person is trespassed from a specific supermarket branch. Three weeks later they enter a different branch of the same chain. Are they trespassed from the second branch?

Accepted Answer

No, because a trespass warning typically applies only to the specific premises stated

Answer

Yes, because they are banned from the entire company

Answer

Yes, because all branches share the same legal occupier

Answer

It depends on whether management formally transfers the warning

Question 3

What does the Trespass Act 1980 say about a security officer's power to use physical force to remove a trespasser?

Accepted Answer

The Act does not itself grant force powers; additional legal justification is required

Answer

The Act grants security officers full authority to use any force necessary to remove a trespasser

Answer

Security officers may only use force once police have given verbal authorisation

Answer

The Act prohibits all physical contact between security and trespassers

Question 4

A trespass warning was issued to an individual 18 months ago. They have just returned to the premises. Is the warning still in effect?

Accepted Answer

Yes, the warning is still valid as it has not yet reached 2 years

Answer

No, warnings expire after 12 months

Answer

Only if it was issued in writing at the time

Answer

It has lapsed and a new warning must be issued before any action can be taken

Question 5

A trespassed individual refuses to leave the property after being asked to do so. The most legally appropriate action for a security officer is to:

Accepted Answer

Call the police and request their attendance to enforce the warning

Answer

Use whatever force is needed to physically remove them immediately

Answer

Detain the person in a secure area until they agree to leave

Answer

Withdraw the trespass warning to de-escalate the situation

Question 6

A security officer's right to request that a person leave private premises is primarily derived from:

Accepted Answer

The authority delegated to them by the property occupier under common law and the Trespass Act

Answer

The Private Security Personnel and Private Investigators Act 2010

Answer

The Crimes Act 1961 trespass provisions

Answer

Special powers regulations issued by the Minister of Police

Question 7

When should a security officer document the details of a trespass warning they have issued?

Accepted Answer

As soon as practicable after issuing the warning, including full details of the incident

Answer

Only if the warning is given in writing

Answer

Within 24 hours, provided the person does not return before then

Answer

Only if the trespassed person subsequently returns to the premises