COA Trespass Act and Removal of Persons 2 — Questions and Answers
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:
- Hold a supervisor-level security licence
- Have been granted authority by the occupier to act on their behalf (Correct answer)
- Be accompanied by a police officer at the time of issuing the warning
- Issue the warning in writing only, with the occupier's signature
Correct answer: Have been granted authority by the occupier to act on their behalf
A security officer can issue a trespass warning only if the occupier has authorised them to act as their agent; without this authority the warning has no legal basis.
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?
- Yes, because they are banned from the entire company
- No, because a trespass warning typically applies only to the specific premises stated (Correct answer)
- Yes, because all branches share the same legal occupier
- It depends on whether management formally transfers the warning
Correct answer: No, because a trespass warning typically applies only to the specific premises stated
A trespass warning under the Trespass Act 1980 applies to the specific premises identified in the warning; it does not automatically extend to other locations of the same business.
Question 3: What does the Trespass Act 1980 say about a security officer's power to use physical force to remove a trespasser?
- The Act grants security officers full authority to use any force necessary to remove a trespasser
- The Act does not itself grant force powers; additional legal justification is required (Correct answer)
- Security officers may only use force once police have given verbal authorisation
- The Act prohibits all physical contact between security and trespassers
Correct answer: The Act does not itself grant force powers; additional legal justification is required
The Trespass Act 1980 deals with warnings and the offence of trespass but does not itself grant security officers power to use force; force authority comes from other sources such as common law or the occupier's direction.
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?
- No, warnings expire after 12 months
- Yes, the warning is still valid as it has not yet reached 2 years (Correct answer)
- Only if it was issued in writing at the time
- It has lapsed and a new warning must be issued before any action can be taken
Correct answer: Yes, the warning is still valid as it has not yet reached 2 years
Because trespass warnings remain valid for 2 years, an 18-month-old warning is still fully in force and the person can be dealt with as a trespasser.
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:
- Use whatever force is needed to physically remove them immediately
- Call the police and request their attendance to enforce the warning (Correct answer)
- Detain the person in a secure area until they agree to leave
- Withdraw the trespass warning to de-escalate the situation
Correct answer: Call the police and request their attendance to enforce the warning
The police have the statutory power to arrest and remove a person who breaches a trespass warning; security officers should call police rather than attempt forcible removal.
Question 6: A security officer's right to request that a person leave private premises is primarily derived from:
- The Private Security Personnel and Private Investigators Act 2010
- The authority delegated to them by the property occupier under common law and the Trespass Act (Correct answer)
- The Crimes Act 1961 trespass provisions
- Special powers regulations issued by the Minister of Police
Correct answer: The authority delegated to them by the property occupier under common law and the Trespass Act
Security officers act as agents of the occupier; their authority to request departure comes from the occupier's right to control access to their premises, backed by the Trespass Act 1980.
Question 7: When should a security officer document the details of a trespass warning they have issued?
- Only if the warning is given in writing
- As soon as practicable after issuing the warning, including full details of the incident (Correct answer)
- Within 24 hours, provided the person does not return before then
- Only if the trespassed person subsequently returns to the premises
Correct answer: As soon as practicable after issuing the warning, including full details of the incident
Good practice and professional standards require that a trespass warning is documented immediately after it is given, capturing the date, time, location, description of the person, and circumstances.
COA Trespass Act and Removal of Persons 2
A security officer working as an agent of a property occupier issues a trespass warning.
For this to be lawful, the officer must: