(1) For the purposes
of this Act, a person commits a "serious criminal trespass if the person
enters or remains in a place (other than a place that is open to the public)
as a trespasser with the intention of committing an offence to which this
section applies 1 .
(2) A place is to be
regarded as open to the public if the public is admitted even though—
(a) a
charge is made for admission; or
(b) the
occupier limits the purposes for which a person may enter or remain in the
place by express or implied terms of a public invitation.
(3) A person who
enters or remains in a place with the consent of the occupier is not to be
regarded as a trespasser unless that consent was obtained by—
(a)
force; or
(b) a
threat; or
(c) an
act of deception.
(4) A reference in
this section to the "occupier" of a place extends to any person entitled to
control access to the place.
Note—
1 ie theft or an offence of which theft is an
element; an offence against the person; or an offence involving interference
with, damage to, or destruction of property punishable by imprisonment for 3
years or more.