Trespass /breaking and entering self self defence laws

Whiskey!


dang whippersnappers.

 

Nice topic OP: Trespass is a tough subject for most people in the UK to deal with, whether they're police officers, private security, or a concerned citizen. The reason why is that - believe it or not - trespass (on its own) is not an indictable offence. Rather, trespass cases are tried in a civil court, where the claimee is likely to only receive damages based on those caused by the trespasser. As a citizen, you cannot arrest anyone for trespassing - you can only tell them they are trespassing and ask them to leave. Private security and police are only able to do the same. Eviction can only be done via a court order and can be carried out by police or the local authority.

So where does that leave us?

Criminal damage, burglary, robbery, and assault are all indictable offences. As a citizen, you may place the suspect under citizen's arrest if you believe that such a crime is being carried out, or about to be carried out. Police may also arrest someone for committing, or being about to commit these offences. When it comes to using the law to constructive ends, it is all about how you present the incident. For example, let's say you've seen 3 men skulking around in your yard in the middle of the night and they're making a beeline for your back door. You pick up the phone. Which of the following statements is most likely to provide the best police response and cover in court?


1. I have 3 men trespassing on my property. Please send the police to remove them.

2. 3 men are trying to force their way into my house. I believe they are trying to burgle me. Please send the police to arrest them.

3. 3 big men are trying to force their way into my house. I think they're going to try to rob me - they might be armed. Please send help!


Now i'm not saying it's ok to lie. That would be illegal. What i am saying is that when the case is reviewed - in the short term by the responding officers, in the medium term by investigators, or in the long term by the courts (and possibly the media) - it helps if your actions and the actions of those coming to your aid are seen to be reasonable. Therefore, i would advise that if the situation were to somehow trigger instincts that told you you were in imminent danger, it would be wise to share your conclusions with whoever is on the other end of the phone, if only to have a record of your very reasonable thought process should the situation escalate further.

 

Burglary is quite a prolific crime and is treated very highly in the UK, especially when the suspect(s) is on the property. You can guarantee that Police will be running to it loud and fast when they get a call about burglars on premises.
Dogs and helicopters sometimes get involved. It gets exciting I guess.

What Janno says is very true though. The act of trespassing is not really an arrestable offence, as this was mainly to get people off private land. And when we talk about private land...technically it came in when its about acres and fields and farms. Yes your little 6x8 garden is private land but its a little different.

 

I believe in 2012 the law was changed to incorporate what are known as "householder cases". If someone is inside your house you will not be prosecuted for using either reasonable force, or disproportionate force, but you will still be prosecuted for using Grossly disproportionate force.

In your garden, the same law applies as for the street, you will not be prosecuted for using reasonable force, but will be prosecuted if you use disproportionate force, or grossly disproportionate force.

Check the Crown Prosecution Service website, self defence section though for clarification.

 

If I remember correctly, the law wasn't changed, but rather guidleines were issued to clarify what the legal position was. The law was fine, but many people's understanding of it was what was at fault.

 

Just an update, an incident took place on the 6th of July, three men have been charged with aggravated burglary and assault. I was attacked with a hammer but came out relatively unharmed. Nothing more major than major bruising and some joint issues, I'm fine now. It's been a bit hectic.

 

Likewise but that sounds like a hell of a story!!!

 

It was all a little surreal. If I remember correctly is it not against TOS to discuss things in court atm? Long story short. I was at home on the phone when I heard crashing when I noticed guys breaking in through the glass with a hammer and some other tools. I was on the phone to the police as it was happening. Once they broke in a fight ensued. A fight ensued, I managed to get into my garden barefoot with glass everywhere they preceeded to trash my valuables inside the house including taking the phone I was on and others. I saw one of the guys run out of the house into his car. I took down the number plate in my head. I then blocked my back garden door and they couldn't get out the front. Two idiots were caught red handed, the third was arrested the next morning.

My biggest regret was not having house insurance. My pc/tv/playststion etc trashed. I got a phone back from my network but another that was from Amazon I can do nothing about.

Since then there have been 3 court hearings first was at magistrates another plea, bail conditions set. I've still had threats to drop the case or else. Etc another plea hearing at the end of October and trial has been set for the end of January.

 

Bloody hell, damned shame about your ps and telly, still, you got out of it ok, if i may ask, they didn't sound like burglars, do you know why they were trying to smash your stuff? If you can't say cause of the court thing i totally understand.

 

If you read the history of the thread it will make sense. It was only classed as aggravated burglary because they used weapons and because they took 2 phones, they did a lot of damage too. Kindle, tablets they trashed my computer which I've spent over 3k on. Again home insurance duh. I may be able to get something through claims but highly unlikely if they are sentenced to prison which I've been advised is extremely likely because a couple of them had heavy priors.

 

Ah, i see, i hope it comes good, but if it doesn't you'd be surprised how after a while losing a bunch of stuff can be surprisingly revitalizing, i lost most of my stuff in a house fire in my early 20's, and while it sucked major expletive at the time, losing my stuff actually benefited me, i spent less time at home as i had nothing to do and my social life picked up immensely, i also became much more aware of what i stuff i actually needed and it really helped me to reevaluate where i was in life.

Granted, i'm not saying this will nessisarily be what happens to you, but there is usually a silver lining in situations like this, all the same, i still hope it comes good.

 

I did find it liberating, I've recovered most. Of the damage to my Pc. But I'm. Also now moving home I've found a new place and am. Keeping myself currently doing the walls. I've had to settle for a. Non 144hz monitor a cappy mouse on my pc and being without a tv is interesting. I don't think I will buy another ps4 but the TV I'll be needing soon. But I'm completely redoing an apartment at the moment before I move in. And this place will be sold or rented out.

 

Make sure you report the threats to drop the case too, that is rather frowned upon. At least in my county force

Hell of a story, glad you're ok. Relatively!