1 L.R.O. 1985
Trespass to
Property
(Reform)
CAP. 155B
SECTION
1.
Short title.
2.
Definitions.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Damages and costs.
13.
Civil action.
14.
Enforcement.
15.
16.
17.
CHAPTER 155B
TRESPASS TO PROPERTY (REFORM)
ARRANGEMENT OF SECTIONS
Preliminary
PARTI
&ohibition
of entry on premises
Prohibition of entry.
Notice.
PARTII
Offences respecting Tkespass to ROPerty
Petty Trespass.
Trepass with violence.
Trespass with weapon.
Trespass on Foreign
Missions,
etc.
Defacing buildings
etc.
PART III
Identification and Arrest
Identification.
Arrest without warrant.
PART IV
Damages and Costs
Proceedings.
Saving.
Penalties.
PARTV
Miscellaneous
‘l-HE
LAWS OF BARBADOS
Mated
by
the Gowrnment PdnUn# Department. Bay Street, St. Michael.
by tL authority of the Government of Barbados
3 L.R.O. 1985
Trespass to Property (Reform)
CAP. 155B ss.l-3
CHAPTER 155B
TRESPASS TO PROPERTY (REFORM)
An Act to reform the law respecting trespass to property.
[ 24th November, 19801 g;yencc-
Preliminary
1. This Act may be cited as the
Trespass to Property (Reform) Short title.
Act.
2. In this Act,
Definitions.
“occupier” includes
(a)
a person who is in physical possession of premises; or
(b) a person who has responsibility for and control over the
condition of premises or the activities there carried on, or
control over persons allowed to enter the premises,
notwithstanding there is more than 1 occupier of the same
premises;
“premises” means land and structures, or either of them, and
includes
(a)
ships and vessels;
(b) trailers and portable structures designed or used for
residence, business or shelter; and
(c) motor vehicles and aircraft, except while in motion.
PART I
Prohibition of
entry
on premises
3. Entry on premises may be prohibited by notice to that effect
~~e~~~n
and entry is prohibited without any notice on premises
THE LAWS OF BARBADOS
Printed by the Government Printing Department. Bay S~rcct. St. Michael.
by the ruthorlty of the Government of Barbados
ss.4-5
CAP. 155B
Trespass
to
Property (Reform)
L.R.O. 1985 4
(a) consisting of a garden,
lawn, field, plantation under
cultivation or orchard; or
(b) that is enclosed in a manner that indicates the occupier’s
intention to keep persons off the premises or to keep
animals on the premises.
Notice.
4.
(1) Notice under this Act may be given orally or in writing or
by means of a sign posted in a conspicuous place on the premises to
which it applies so that it is clearly visible from the approach to the
normal point of entry to the premises.
(2) A written notice or sign under this section has effect under
subsection (1) if it reasonably indicates that entry is prohibited.
(3) For the purposes of this Act, a person has notice not to
trespass when he has been given notice to refrain from entering or
from remaining on any premises and the notice shall be deemed to
have been given by the occupier or a person authorised by him until
the contrary is proven.
PART II
Offences respecting Trespass to Property
Petty
TIespasS.
5. (1) A person who
(a) unlawfully enters, in a wanton or insulting or threatening
manner upon premises occupied by another person; or
(6) unlawfully enters upon any premises after having been
forbidden to do so by the occupier; or
(c) having lawfully entered upon premises misconducts himself
by behaving in an insulting, annoying or threatening
manner; or
(d)
does not leave the premises after he is directed to do so by the
occupier or a person authorised by him,
is guilty of an offence.
(2) Subject to subsection (3), where a trespass is committed
under this Part by means of a vehicle, the operator of that vehicle is
guilty of an offence; and, where the operator is not the owner, the
owner of the vehicle is also guilty of an offence.
5 L.R.O. 1985
Trespass to Property (Reform)
cm. 155B s.6
Pa5fI-h
e owner of a vehicle is only guilty of an offence under this
(a) he is present in the vehicle at the time of the alleged offence;
or
(b) he knowingly permitted his vehicle to be used for the
purpose of committing the alleged offence.
(4)
It
is a defence to a charge under subsections (1) and (2) in
respect of premises Consisting of land that the person charged
reasonably believed that he had title to or an interest in the land that
entitled him to enter thereon.
(5) For the purposes of this section “vehicle” has the meaning
assigned to it by section 2 of the Road
Traffic Act.
Cap. 295.
6. (1) A person who without lawful authority, uses or threatens
Tfespas
violence for the purpose of securing entry into any premises for Ti!&
himself or for any other person is guilty of an offence if
(a) there is someone on those premises at the time who is
opposed to the entry which the violence is intended to secure;
and
(b) the person using or threatening the violence knows or
ought to know that his entry is opposed.
(2) The fact that a person has any interest in or right to
possession or occupation of any premises does not, for the purposes
of subsection (1)) constitute lawful authority for the use or threat of
violence by him or anyone else for the purpose of securing his entry
into those premises.
(3) It is immaterial for the purposes of this section
(a) whether the violence in question is directed against the
person or against property; and
(b) whether th
e entry which the violence is intended to secure is
for the purpose of acquiring possession of the premises in
question or for any other purpose.
(4) In proceedings under this section it is a defence for the person
charged to prove
‘ME LAWS OF BARBADOS
Rtnfrd by the Government Printlnp Department. Bay Sueet, St. Mich~cl.
by the wtthority of the Government of Barbados
ss. 7-8
CAP. 155B
Trespass to Property (Reform)
L.R.O. 1985 6
Trespass
with
weapon.
Trespass
on Foreign
Missions,
etc.
(a) that at the time of the alleged offence he or any other person
on whose behalf he was acting was a displaced residential
occupier of the premises in question; or
(b) that part of the premises in question constitute premises of
which he or any other person on whose behalf he was acting
was a displaced residential occupier and that the part of the
premises to which he was seeking to secure entry constitutes
an access of which he or, as the case may be, that other
person is also a displaced residential occupier,
but nothing in this subsection affects any criminal liability for the
use or threat of violence by any such person.
(5) Subject to subsection (6), a person who was occupying any
premises as a residence immediately before being excluded from
occupation by anyone who entered those premises or any access to
those premises, as a trespasser, is a displaced residential occupier
of the premises for the purposes of this section so long as he
continues to be excluded from occupation of the premises by the
original trespasser or by any subsequent trespasser.
(6) A person who was himself occupying the premises in question
as a trespasser immediately before being excluded from occupation
is not, by virtue of subsection (5)) a displaced residential occupier of
the premises for the purposes of this section.
7. (1) A person who is
on
any premises as a trespasser, after
having entered as such, is guilty of an offence if without lawful
authority or reasonable excuse he has with him on the premises any
weapon of offence.
(2) For the purposes of this section, “weapon of offence” means
any article made or adapted for use for causing injury to or
incapacitating a person, or intended by the person having it with
him for such use.
8. (1) Subject to subsection (3), a person who unlawfully enters
or is unlawfully on any premises to which this section applies as a
trespasser is guilty of an offence.
(2) This section applies to any premises which are or form part of
(a) the premises of a diplomatic mission within the meaning
of that expression as defined in Article 1 (i) of the Vienna
Convention on Diplomatic Relations;
7
L.R.O. 1985
Trespass to Property (Reform)
CAP. 155B s.9
lb)
(cl
consular premises within the meaning of that expression as
defined in paragraph l(i) of Article 1 of the Vienna
Convention on Consular Relations;
any other premises in respect of which any organisation or
body is entitled to inviolability by or under any enactment;
and
(d)
any premises which are the private residence, of a diplomatic
agent within the meaning of that expression as defined
in Article l(e) of the Vienna Convention on Diplomatic
Relations.
(3)
In any proceedings for an offence under this section it is a
defence for the person charged to prove that he believed that the
premises in question were not premises to which this section
applies.
(4) In any proceedings under this section a certificate issued by
the Minister responsible for Foreign Affairs stating that any
premises were
or
formed part of premises of any description
mentioned in paragraphs (a) to
(d)
of subsection (2) at the time of
the alleged offence is conclusive evidence that the premises were or
formed part of the premises of that description at that time.
(5) Proceedings under this section may not be instituted against
any person except by or with the written consent of the Director of
Public Prosecutions.
(6)
For the purposes of this section
“Vienna Convention on Consular Relations” means the
Innnational Convention on Consular Relations signed in
.
,
“Vienna Convention on Diplomatic Relations” means the
International Convention on Diplomatic Relations as set forth
in the First Schedule to the
Diplomatic PriviZeges and cap. 18.
Immunities
Act.
9. (1) Apersonwho
Defadq
buildings
(a ) defaces; or
etc.
(b) causes or procures the defacing of, any building, structure,
wall, fence, tree or pale, without the previous written
consent, in each case, of the occupier is guilty of an offence.
THE UWS
OF
BARBADOS
Ptbxtd by the Cowrnment PrIntInS Department. Bay Sunt, St. Mlchad.
by Un Mhtity of the Govwnm~nt of Barbados
ss. lo-12 CAP.
155B
Trespass to Property
(Reform)
L.R.O. 1985 8
Identi&
cation.
Amst
without
warrant.
DalllagC?.
and coats,
etc.
(2) For the purposes of subsection (l), where the defacement, is
in the nature of an advertisement, then the person, firm or company
sought to be benefitted by that advertisement or his agent in
Barbados shall, unless the contrary is proven, be deemed to have
caused or procured the defacement.
(3) For the purpose of this section “deface” means
(a) to affix any posting bill or other paper; or
(b)
to write, soil or mark, in any manner,
on any building, structure, wall, fence, tree, or pale.
PART
III
Identification andArrest
10. A member of the Police Force, or an occupier or a person
authorised by him may require any person whom he believes, on
reasonable and probable grounds, to be on premises, entry to which
is prohibited under this Act, to identify himself for the purposes of
commencing proceedings under this Act.
11.
(1) A member of the Police Force may, without warrant,
arrest a person who is, or whom he, with reasonable cause suspects
to be guilty of an offence under section 5,6,7 or 8.
(2) Where a person who is required to identify himself under
section 10 fails or refuses to do so, or there are grounds to believe
that the identification given is false, a member of the Police Force or
an occupier or a person authorised by him may, without a warrant,
arrest that person for the purpose of establishing his identity.
(3) Where the person who makes an arrest under subsection (2)
is not a member of the Police Force, he shall forthwith deliver the
person arrested to the nearest police officer.
PART IV
Dumuges and Costs
12. (1) Where a person is convicted of an offence under this Act
and a person has suffered damage caused by the person convicted
9
L.R.O. 1985
Trespass to Property
(Reform)
CAP. 155B
~13-15
during the commission of the offence, the court shall, on the
request of the person bringing the proceedings and, where
applicable, with the consent of the person who suffered the
damage, determine the damage and shall make a judgment for
damages against the person convicted in favour of the person who
suffered the damage; but no judgment may be for an amount in
excess of the monetary limit on the jurisdiction of the magistrates’
courts *
(2) Where a prosecution under this Act is conducted by a person
other than a police officer, and the person prosecuted is convicted,
the court shall, unless it is of the opinion that the prosecution was
not necessary for the protection of the occupier or his interest,
determine the actual costs reasonably incurred in conducting the
prosecution and shall order that those costs be paid by the person
convicted to the person who conducted the prosecution, but in no
case may costs so awarded be in excess of the monetary limit on the
jurisdiction of the magistrate’s court.
(3) A judgment for damages under subsection (1) or an award
of costs under subsection (2) shall be in addition to any fine
imposed under this Act.
13. A judgment for damages under section 12(l) extinguishes the c+
right of the person in whose favour the judgment is made to bring a act1on.
civil action against the person convicted in respect of the same facts.
14. A judgment for damages and an award of costs under section
12
E$z~e-
may be enforced in accordance with the Magistrates cat, ;r6
Jurisdiction and ProcedureAct.
.
PART
V
Miscellaneous
15. (1) Proceedings under this Act shall be instituted by way of
Proceed-
information before the magistrate for the district in which the US-
alleged offence is committed or in which the accused resides.
(2) Where, on the hearing of any information for an offence
under this Act, the magistrate is of the opinion that a
bonafide
question of title is raised between the parties, he shall dismiss that
THE LAWS OF BARBADOS
PrInted by the Govammcnt Printing Depwtment. Bay Street. St. Mlchrel.
by tha ruthorlty of the Government of Barbados
ss.16-17 CAP.
155B
Trespass to Property (Reform)
L.R.O.
1985 10
information and may make such order in respect of costs as he
determines.
16. Nothing in this Act affects or may be construed to affect the
right of any person to pass or repass in an orderly and quiet manner
through and along a customary path leading from a public highway
to villages or premises adjacent thereto.
Penalties.
17. A person guilty of an offence under this Act is liable on
summary conviction
(a) in respect of a first offence, to a fine not exceeding $250 or
imprisonment for 3 months; and
(b)in
respect of a second and subsequent-offence, to a fine of
$1 000 or to imprisonment for 6 months.
