The Use of Violence to Enter Premises

Question 1

Under what legislation is it offence to use violence to gain entry to premises occupied by any person opposing the entry?

Answer 1

s 6 of the Criminal Law Act 1977

Question 2

s 6 of the Criminal Law Act 1977

Answer 2

It is an offence for any person without lawful authority…

…who uses violence…

…or threatens violence…

…for the purpose of securing entry for himself or another….

…into any premises…

…provided there is someone present on those premises at the time who is oppposed to the entry (and the violence is intended to secure entry (s 6(1)(a)).
- Person inside can express opposition verbally.

Question 3

The offence of using violence to gain entry is penalised y what?

Answer 3

Triable summarily and the penalty is six months imprisonment and/ or a fine.

There is power of entry to arrest under s 17 of the PACE Act 1984 for this offence.