Tresspassing Laws

[SunnyDene]

Last night i witnessed some lads smashing someones gate in with a slegehammer. I called the police, they came , confiscated the sledgehammer and sent them on thier way with NO CHARGE. Tonight i found one of the lads in my garden (bearing in mind i have 8ft fencing all the way around) . If i had let my dog out or worse still my husband, where would we stand ??? Three hours ago, i called the police, still nothing ...Bloody rediculous

[Buenchico]

The first part of your post refers to criminal damage, which (unsurprisingly) is a criminal offence.

However trespass, per se, is not a criminal offence. If you were to leave your door open, I have every right to walk in search through all of your personal possessions and to read through all of your private documents. As far as criminal law is concerned, I would not have committed any criminal offence. (As long as there was no intent to commit theft, rape, grievous bodily harm or damage, such action would be perfectly lawful).

Climbing over a fence to enter another person's property doesn't change anything. It's still perfectly lawful. (However 'breaking and entering' is an offence).

There are specific situations whereby trespass can become a criminal offence (e.g. when it's on railway property) but it's usually only a civil matter. Even if you found me in your house, all you could do in the first instance would be to tell me to leave. If I failed to do so, and then failed to comply with a similar instruction from a senior police officer attending the scene,I could be charged with a criminal offence (but only because I refused to leave, not because of the initial trespass).

Chris

[SunnyDene]

slightly insane dont you think. So to concern to the welfare of myself and children then?? what if my dog had bitten?? or my husband punched him??

[boxtops]

I didn't know that Chris, I thought if someone was on my property without being asked (or having a right to be there, like the postman) it was trespassing.

[SunnyDene]

sorry, i meant to say, what about protecting my children, surely any tom, dick or harry shouldnt be allowed to jump your fence and check out your stuff?

[SunnyDene]

what about afray?

[Buenchico]

Boxtops:
Trespass isn't actually committed in law until the point where you tell the intruder to leave. Even then, if he fails to do so, it's still only a civil offence. (i.e. you can sue him but he's not committed a crime). It's only when a police officer then requires him to leave, and he fails to do so, that it becomes a criminal offence.

Sunnydene:
'Affray' is irrelevant here. A successful prosecution for affray can only be brought when a person "has used unlawful violence towards another, and his conduct is such as would cause a person of reasonable firmness, present at the scene, to fear for his safety".

[Count-A-Strong]

I hope you have planning permission for those 8' fences.

[starone]

That of course is how squatters enter a house. If you are foolish enough to leave a door open or even a window, as long as they are not breaking and entering, they are perfectly legal and if they sign application forms for gas and electricity the companies concerned cannot refuse them. Moreover you cannot use force to try and evict them.

[LoftyLottie]

Whilst trespass is not usually a criminal offence I would question, Chris that someone has every right to search through all of your personal possessions and read through your private documents.

"Outside of land trespasses, there are additional legal torts for trespass to the person and trespass to chattels but these also have broad definitions and the severity of the legal consequences can vary from case to case. A large portion of the decision of where your trespass will fall in severity has to do with your alleged attention while trespassing, with a far higher chance of prosecution if you have criminal motives"

A person climbing over a wall at night onto your property or entering your property would certainly warrant calling the police and that person would be hard pushed to prove there was no criminal intent.

I phoned the police only a week ago because someone was on my property and they came round and took full details. They arrived pretty quickly.

[SunnyDene]

mindblowing!! i have seen your posts years ago so i know you know what your talking about, and massive thanks. I just think its bananas. Who protects me and my children?? So anyone can leap my fence willy nilly and theres not a damn thing i can do. Its a crazy world. so what if my dog had gone for him or my husband thumped him?.... worse still a crazed mother with a kitchen knife lol ?

[LoftyLottie]

It is only unoccupied houses that squatters can enter and not have action taken against them.

[LoftyLottie]

8' fencing all the way around is fine if it has always been there. Loads of properties have 8' fencing all round.

[SunnyDene]

lol @ planning permission. The fence was here when i moved in.

[LoftyLottie]

Sunny. Don't worry too much. Police will come out if you have trespassers in your garden and certainly will come out if someone is in your house going through your paperwork. If you are frightened in any way they will come out! Unfortunately, though sometimes they take their time. If people are on your property then there is a likelihood that they are there for criminal reasons..

You can't just walk into other people's houses and start rifling through their paperwork! But don't set your dog or the husband on them because that would be an offence.

[tamborine]

Instead of 'tresspasser' say peeping tom or flasher; that'll get the cops moving.

[SunnyDene]

I just think its madness. Its like decent folk dont have a leg to stand on. Im waiting up to all hours now incase they come back.......what kind of life is that

[starone]

Lottie, what happens in a case where someone has bought a house and is decorating it etc. ready to move into and squatters move in because they left a window open, as I believe happened in London recently. It is theoretically empty property but the owner needs it to live in. I'll never understand these laws, they are very peculiar.

[tamborine]

Security lights & cctv are more prevalent for this reason.

[LoftyLottie]

Yes madness Starbuck, but they just can't walk into a house that is occupied and squat. After my mother died my son moved into her empty house so that squatters couldn't move in!!

[LoftyLottie]

Sunny. Phone the police and ask why they didn't come round. I would. Police do come out when people call saying they have an intruder on their property - it presents a threat.