Dilly has to appear in court on a charge of trespassing. How can she defend herself?

WHAT DOES THE LAW SAY?

Trespassing means going onto someone’s land without getting permission from the owner or the lawful occupier. The police can arrest a person for trespassing. If the court finds the person guilty of trespass, they can get a fine or a jail sentence. (See Trespassing)

WHAT CAN YOU DO?

Dilly was arrested for trespass so she must appear in court on the date given to her. If she believes she had a lawful reason for being on the land, she must explain this and defend herself in court. In other words, she can use a defense. These are some of the defenses she could offer the court:

• She had a right to be on the land because she is a tenant and proper notice was not given by the landlord
• She had permission to be on the land because she was given permission by the owner or lawful occupier or a person in charge
• She had a lawful reason to be on the land even though she didn’t have permission, because:
  • she went onto the land to ask the permission of the owner or lawful occupier to be on the land
  • she went onto the land to sell or deliver something to the owner or lawful occupier
• She thought she had a lawful reason to be on the land even if she did not have permission or a lawful reason to be on the land
• She honestly believed the owner would not mind about her coming onto the land.
• She had no choice, for example, she had to walk across the land because the public road was flooded – this defence is called ‘necessity’
• She has a right of retention which means she can stay on the land until the landlord pays her compensation for any improvements she made on the land.

If she has one of these defenses, she is not guilty of trespass.