Business crime prevention advice: Trespass

Business crime prevention advice: Trespass

There will be many different reasons why you might want someone to leave your home or place of work. These may be because people are committing offences on your property, such as shoplifting, being disorderly or simply having no right to be there.

There is no legal requirement to give a trespass notice in writing. A written document reinforces the situation for the person given the trespass notice, so that they cannot say they did not know of the notice and requirement to leave and not return.

Verbal trespass

If you deliver a trespass notice verbally, it is advisable to record the date and time along with the reason for giving a trespass notice to that person, and a name or description of the person asked to leave.

Written trespass

If you undertake a written notice, complete three copies of the Trespass Notice:

  • One copy to the person you are serving the trespass notice on
  • One copy for you to keep
  • One copy to provide to the nearest Police station or attending police officer, for entering into the Police records database.

To serve a notice you simply hand it to the person. If they refuse to accept it and drop it on the floor, it is still considered served. Keep that copy and note down that the person refused to accept the notice.

You are required to give reasonable time for the trespasser to leave. If the person remains or is taking unreasonable time to comply, call 111 and ask for Police.

If the person comes back after you have given them a trespass notice, they will have committed an offence. You should call 111 and ask for Police.

You can use a trespass notice form.