Trespass

Procedures

The decision to trespass someone from a property operated by Dev Academy is a significant one. This decision should only be taken after consultation with the CEO.

Once the decision to trespass someone has been made, the Space Manager (who is the person charged with managing the premises) or the most senior member of staff present will coordinate this procedure:

  • All students who are willing and able to be moved should be moved immediately to a secure area away from the person. Ideally a member of staff should remain with the students until the threat has been mitigated.
  • The senior member of staff, ideally supported by at least one other team member should speak to the person. They should warn them that their behaviour is inappropriate and ask them to leave the premises.
  • If the person/s does not leave after at least three times of asking, the team member should advise them that as the occupier, s/he is trespassing them from the premises (under section 3 of the Trespass Act 1980) and will contact the police to have them removed.
  • If they will still not leave the premises, the police are to be called to serve a written trespass notice on them (for this to be arranged, you will need their name and address).

Definition of Terms

Section 3 of the Trespass Act 1980 (Cf. 1968 No 52 s 3)

Trespass after warning to leave:

(1) Every person commits an offence against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so.

(2) It shall be a defence to a charge under subsection (1) of this section if the defendant proves that it was necessary for him to remain in or on the place concerned for his own protection or the protection of some other person, or because of some emergency involving his property or the property of some other person.