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Unlawfully on premises

A person who is on a premises for an unlawful purpose or without a lawful excuse is guilty of an offence.

Maximum penalty:

$2 500 or 6 months imprisonment; or

where the unlawful purpose was for an offence punishable by a maximum penalty of 2 years or more: 2 years imprisonment.

[Summary Offences Act 1953 (SA) s 17(1)]

Unlawful purpose

A member of the police force who believes, on reasonable grounds, that a person is on premises to commit an offence may order the person to leave the premises. A person who fails to obey such an order is guilty of an offence.

Maximum penalty: $2 500 or 6 months imprisonment [s 17(2)-(3)].

For the purposes of this offence, premises means any land, building, structure, aircraft, vehicle, ship or boat [s 17(4)]. The police must prove that the defendant had no lawful excuse for being on the premises [s 17(1a)].

Unlawfully on premises  :  Last Revised: Fri Aug 1st 2014
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