Notice of prohibition
TPA says that there are 2 ways available for an owner/operator to:
a) prohibit entry
or
b) direct to leave
1. With notice
-procedure to prohibit entry or to direct to leave with notice
Notice is defined by TPA as a method of informing a person to stay out or get out
You can give notice in 2 different ways
Verbally: how?
Rule 1. Does the TPA state what words specifically have to be said? NO
rule 2. Best practices: a) make sure the conversation is unmistakably directed to the specific person who is being prohibited.
This means: bad guy must have knowledge that the notice is directed to him(private one on one conversation, not in group)
b) identify yourself as an owner/occupier
c)in ordinary language clearly state the intention. *use words like: prohibited, entering, premises.
*after finished investigation write down what you said…Verbatim
If verbal do you need a witness to prove you said the notice? NO, according to the TPA there is no mandatory requirement of a witness but it does help the cause.
If use verbal notice you must prove he understood … Best question.
What does what I just told you mean? Record response in notebook so it can be testified in court.
*If you are police you have to get owner occupier to give verbal notice. Police are not occupiers
Written Notice:
1. Does TPA state a specific document to be used? NO, use ordinary paper
2. Does TPA state what words have to be written? NO
3. Use best practices, content of written notice:
a)name of person being prohibited, if known use DOB, not required but it is an advantage, if DOB not known approximate age on notice
b) write “you are prohibited from entering the premises situated at (specific address)
c) start date of prohibited entry
d)do NOT include: time limit, condition s for entry ex: if you are with an adult, or for 6 months
e) do you have to state the reason for prohibition? NO
f)at end of written notice add: “if you enter this premises after...