What action can occupiers take to halt trespassers

Lo1 Itz Kyle

As part of an assignment I must advise a business on options they can take to halt the actions of trespassers which in this case are protesters. I cant find anything very useful, so far the closest thing I have found that is useful is the criminal justice (public order) act 1994 but this doesn't detail what action the occupier can take, either does the occupier liability act 1995, any other ideas?

Pat Mustard

Lo1 Itz Kyle wrote: »

As part of an assignment I must advise a business on options they can take to halt the actions of trespassers which in this case are protesters. I cant find anything very useful, so far the closest thing I have found that is useful is the criminal justice (public order) act 1994 but this doesn't detail what action the occupier can take, either does the occupier liability act 1995, any other ideas?

See s.19.c of the Public Order Act as inserted by s.24 of the Housing Act 2002. http://www.irishstatutebook.ie/2002/en/act/pub/0009/sec0024.html#sec24

conorh91

It's likely that protesters occupying a building would come within the statutory provision that The Mustard refers to. However, even in a civil case involving trespass to land, there is a right to use reasonable force against the trespasser who refuses to leave the property. A typical manifestation of this right is of bouncers ejecting drunks and troublemakers from pubs and clubs.

The use of force is to be kept at a minimum required. So, for example, it has been held that excessive force includes kicking the trespasser; wounding the trespasser with a knife, or dragging him through a pond on the way out.

Of course, the people who have the strongest remedy available to them are householders in private dwellings (Criminal Law (Defence of the Dwelling Act 2011)), but obviously that's not relevant here.

Lo1 Itz Kyle

thanks guys this was helpful I think I have what I need now

Victor

Buy good quality locks?