- Laws of Fiji

Last Updated: 21 March 2018

[CR 387] Criminal trespass387

387

(1) A person commits a summary offence if he or she—

(a)enters into or upon property in the possession of another with intent to commit an offence or to intimidate or annoy any person lawfully in possession of such property;
(b)having lawfully entered into or upon such property unlawfully remains there with intent to intimidate, insult or annoy any such person or with intent to commit any offence; or
(c)unlawfully persists in coming or remaining upon such property after being warned not to come thereon or to depart from the property.

Penalty — Imprisonment for 3 months, but if the property upon which the offence is committed is any building, tent or vessel used as a human dwelling, or any building used as a place of worship, or as a place for the custody of property, the offender is liable to imprisonment for one year.

(2) The Minister responsible for iTaukei affairs may certify that a person or persons are lawfully in possession of iTaukei land for the purposes of subsection (1)(a).

[subs (2) am Decree 31 of 2010 s 4, effective 2 July 2010; Decree 7 of 2011 s 4, effective 1 March 2011]

(3) The Minister responsible for iTaukei affairs may give such a warning in relation to iTaukei land for the purposes of subsection (1)(c).

[subs (3) am Decree 31 of 2010 s 4, effective 2 July 2010; Decree 7 of 2011 s 4, effective 1 March 2011]

(4) A person commits a summary offence if he or she enters by night, and without lawful excuse—

(a)any dwelling house;
(b)any verandah or passage attached to a dwelling house; or
(c)any yard, garden or other land adjacent to a dwelling house.

Penalty — Imprisonment for one year.

[subs (4) am Act 31 of 2016 s 193, effective 1 December 2016]