Define self-defence D is entitled to use reasonable force to protect themselves, another person or property. If the ‘victim' of trespass to the person has given consent to physical contact, there will be no battery offence that occurred. For those that are accused of committing a trespass to the person offence, there are some possible defences, which are: Consent. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. It is actionable per se, so a defendant can be liable merely for committing the tort, even if no physical harm is done. One of the defenses is the title and possession of the property [ii]. 7.2 Trespass to the Person, Land and Goods Lecture ... Defences to Trespass to Land and Goods. ⇒ Self-defence: the defendant had to use force to protect a person or property (Criminal Law Act 1967, s3(1)) ⇒ Lawful arrest: any person can detain someone who breaches the peace ( Albert v Lavin (1982) ) Detaining children after school for limited period and confiscating items still permitted. It would not be a defence to imprison/restrain a person because a health practitioner thought it was for the person’s own good. It covers defences and remedies. Non fatal Offences Against the Person Act 1997- corporal punishment by teachers abolished. Trespass to person - Defences DEFENCES 1) Lawful imprisonment • Defence for battery and false imprisonment - Collins v Wilcock • Person who uses reasonable force to exercise lawful arrest will not be... LLB Law Revision Notes. rise to a liability in tort or would, apart from this Act, give rise to the defence of contributory negligence.’ On an ordinary reading it is difficult to see why the defence is automatically precluded from applying to cases of intentional trespass to the person: section 4 appears to do nothing more than Trespass to the person protects personal integrity or personal space. These defenses include consent, public necessity private necessity and/or privilege. Under the Police and Criminal Evidence Act 1984, those with lawful authority can interfere with property and land within certain parameters - to execute a warrant, for example. If you are sued for trespass, you may have some defenses available to you. Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land. The reasonable disciplining of children by parents, guardians or other persons (loco parentis) provides a defence to trespass. Critical Analysis on The Concept of Trespass To Person. Defences To Battery notes and revision materials. This is the final part of the topic Trespass to person. Trespass to person is a tort which is frequently committed in everyday life. This tort is … Most commonly, civil trespassing will refer to interference with another person’s land or personal property (also known as “chattel”). We also stock notes on Intentional Torts as well as Law Notes generally. Potential Defences to Trespass to the Person. This includes any form of unwanted touch or physical violence. What does s.3(1) Criminal Law Act state about reasonable force? To invoke this defense, the person must have the actual ownership of property along with the title. It is basically unreasonable interference with body of a person which can be committed either by causing actual harm or by just causing an apprehension of force. The person in actual possession has the right to maintain an action for trespass against all persons other than the original owner [iii]. Why not see if you can find something useful?