Trespass question
Discussion
I live in a gated community which consists of a block of flats and four bungalows.
Access to the property is via an intercom system, which also requires a passcode to open the gates (there are two entrances).
Recently, we've been having issues with teenagers forcing their way in - the most recent being kicking the gate multiple times with sufficient force to overcome the magnetic lock.
I note that the law states:
"Trespass in UK law is the unlawful presence of a person on land belonging to another, which is a civil wrong that can lead to legal remedies such as damages or injunctions. While generally a civil matter, it can become a criminal offence in specific circumstances, such as entering protected sites or railway property without permission"
My interpretation of the above is that forcing entry (by forcing the gate) makes this a criminal 'wrong' rather than a civil 'wrong'. is this correct?
Or does it only become a criminal 'wrong' if entry is forced into one of the properties rather than just the land itself?
Access to the property is via an intercom system, which also requires a passcode to open the gates (there are two entrances).
Recently, we've been having issues with teenagers forcing their way in - the most recent being kicking the gate multiple times with sufficient force to overcome the magnetic lock.
I note that the law states:
"Trespass in UK law is the unlawful presence of a person on land belonging to another, which is a civil wrong that can lead to legal remedies such as damages or injunctions. While generally a civil matter, it can become a criminal offence in specific circumstances, such as entering protected sites or railway property without permission"
My interpretation of the above is that forcing entry (by forcing the gate) makes this a criminal 'wrong' rather than a civil 'wrong'. is this correct?
Or does it only become a criminal 'wrong' if entry is forced into one of the properties rather than just the land itself?
TonyRPH said:
I live in a gated community which consists of a block of flats and four bungalows.
Access to the property is via an intercom system, which also requires a passcode to open the gates (there are two entrances).
Recently, we've been having issues with teenagers forcing their way in - the most recent being kicking the gate multiple times with sufficient force to overcome the magnetic lock.
I note that the law states:
"Trespass in UK law is the unlawful presence of a person on land belonging to another, which is a civil wrong that can lead to legal remedies such as damages or injunctions. While generally a civil matter, it can become a criminal offence in specific circumstances, such as entering protected sites or railway property without permission"
My interpretation of the above is that forcing entry (by forcing the gate) makes this a criminal 'wrong' rather than a civil 'wrong'. is this correct?
Or does it only become a criminal 'wrong' if entry is forced into one of the properties rather than just the land itself?
Trespass is a civil matter (as you have correctly identified) so you would struggle to remedy the situation through a civil court for that alone - there are certain situations when trespass would be criminally unlawful as you state, but not onto standard residential property. Access to the property is via an intercom system, which also requires a passcode to open the gates (there are two entrances).
Recently, we've been having issues with teenagers forcing their way in - the most recent being kicking the gate multiple times with sufficient force to overcome the magnetic lock.
I note that the law states:
"Trespass in UK law is the unlawful presence of a person on land belonging to another, which is a civil wrong that can lead to legal remedies such as damages or injunctions. While generally a civil matter, it can become a criminal offence in specific circumstances, such as entering protected sites or railway property without permission"
My interpretation of the above is that forcing entry (by forcing the gate) makes this a criminal 'wrong' rather than a civil 'wrong'. is this correct?
Or does it only become a criminal 'wrong' if entry is forced into one of the properties rather than just the land itself?
If the automated gates are damaged as a result of the teenagers entering through that method, then the Criminal Damage Act 1971 would come into play.
We have a lift, and they have been known to jump up and down in it (the lift is more of a platform for disabled access rather than a proper lift).
They also pushed the emergency stop button rendering the lift inactive (obviously easily sorted).
A couple of our residents (in particular the one who lives adjacent to the gate) have been alarmed at these activities.
They seem undeterred by the presence of CCTV.
I shall bear the replies in mind for future reference however - thanks very much for replying.
They also pushed the emergency stop button rendering the lift inactive (obviously easily sorted).
A couple of our residents (in particular the one who lives adjacent to the gate) have been alarmed at these activities.
They seem undeterred by the presence of CCTV.
I shall bear the replies in mind for future reference however - thanks very much for replying.
t if they're successfully kicking it open, get it upgraded.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff