Sitting in a car in the rain

[mungbeanz]

If you are walking down the street and it starts raining, are you allowed to get into a parked car (if it is unlocked of course) and wait until the rain stops?

Is it illegal if you don't intend to steal anything and you leave it tidy?

[cazzz1975]

bit of a wimp hiding from rain in a car.. you would get a knuckle sarnie from me :)

[sara3]

Chuck, I'd expect you to make your own coffee ;o)

[joeluke]

So if a burglar is caught inside someones house during a rainstorm he can say he was just sheltering providing he hasn't stolen anything?

[ChuckFickens]

They are not a burglar unless they steal something (or harm/rape somebody)

[ChuckFickens]

Or have intent to, I should add.

[cazzz1975]

hmm but if they break a window or jimmy the lock surely they have committed an offence? even if they only sit on the sofa cowering from drizzle..

[ChuckFickens]

Criminal damage, but not burglary, burglary requires stealing, harming or vandalism (or intent) by definition.
http://www.legislatio...pga/1968/60/section/9

[ChuckFickens]

LOL.... I've just realised how much that last answer contradicted itself :)

[The Builder]

Cazzz, I think breaking and entering would be criminal, but simply entering would be civil (as Chuck said) ......... you'd have to sue them for compensation. Unlikely, though.
Also, I think the definition of stealing has to do with "intent to deprive", which wouldn't apply here.
No consolation though :o(

[dotty.]

But if whilst you were sitting in that car and a policeman knocked on the window and said this car is stolen/ininsured/not MOT'd, you would be in bother, and also, if your own car insurance didn't cover other vehicles i think you might be done for beiung uninsured on the road, though the keys might have to be there for that,

[askyourgran]

The car like your home is Private and any infringements on privacy earns at smack at the back of the head mungbeanz. nuff said. It's like the young lad with a crowbar picked up by the police, he had it with him to defend himself, so he said, didn't matter that he was in someones front room at the time.

[Buenchico]

It's perfectly legal to walk into someone's house (if they've left the door unlocked) as long as there's no intent to steal, to cause damage or to harm someone. Trespass is normally only a civil matter, not a criminal one. (There are certain exceptions, relating to such places as railways or military establishments, but they don't relate to private houses).

Similarly, there's nothing to stop you getting into an unlocked car. (There is a law about 'interfering' with a motor vehicle, but that comes under the Criminal Attempts Act 1981. If there's no attempt to commit a crime, there's no offence committed).

Chris

[exdc]

The offence of theft requires the intent to permanently deprive etc, although there is an offence of attempt theft. This was a problem in law as 'joy-rider's' commonly stole motor vehicle's with the intent to thrash the car around and then leave it. The offence of Taking Without Consent (TWOC) had to be introduced to combat this problem.

[north star]

'Theft' is different in Scotland as their legislation does not include an 'intent to deprive' element.

[RAV1D]

'Trespassers will be prosecuted' Ever seen that sign anywhere before? Does this mean criminal offence?