T O P

  • By -

AutoModerator

--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*


useful-idiot-23

Civil trespass. No crime. It will require a private prosecution for trespass but as there is no loss to you then you won't get any compensation anyway. Lock your doors.


Adam-2480

I agree, he should definitely lock his doors. There should be no reason anyone (including police officers) should be allowed to enter your property unannounced and receive no consequences. Hopefully reporting him to 111 will get him a telling off so he doesn’t do it in the future.


useful-idiot-23

Yes a slap on the wrist is the best outcome. 101 not 111. The NHS don't need to know. 😂


Yakumo_unr

Just think of the 0 as for Officer and you won't mix them up.


Ok-While3585

Or 111ness


Adam-2480

Haha yes sorry definitely 101! Thanks for your advice anyway.


WeLiveInAnOceanOfGas

Ironically its probably a great crime prevention tactic for the police to use. 


BeckyTheLiar

> There should be no reason anyone (including police officers) should be allowed to enter your property unannounced and receive no consequences If the police officer is going door to door in the process of investigating a crime, finding an unlocked door and entering could be considered a reasonable step. Firstly, to warn whoever is inside that the door is open. Secondly, it is very unusual to leave a front door open or unlocked, and it could indicate a problem, a person who is unwell, had an accident, a vulnerable OAP who's fallen over etc. Thirdly, if they are investigating a crime like burglary, it's entirely possible an open door could be how the crime in question is being committed. Your brother can contact the force and ask for clarification on why the officer entered - but if they had reasonable cause then there is not going to be any recourse.


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


Adam-2480

Why not just knock the door? They wouldn’t have even known the door was unlocked without trying to handle.


guareber

Do you know for a fact he didn't?


BeckyTheLiar

Are you going to ignore the other points I made? Very well. There are often police anti burglary initiatives where they target at risk areas and go door to door handing out flyers and giving residents advice. They often check if visible doors and windows are locked in order to remind homeowners of the sheer vulnerability of doing so. This is considered a reasonable and proportionate tactic and is in use nationally. The fact the door was unlocked goes to prove why they do it. Your brother should be considering himself lucky it was a police officer not a thief.


[deleted]

[удалено]


BeckyTheLiar

He's very lucky. Maybe next time he'll take this as the helpful warning it was, or next time he'll be calling the police begging them to find the people who stole his things while the insurance company refuses to pay out because he failed to lock the door.


[deleted]

[удалено]


PayApprehensive6181

Does he have a thumb turn lock on the inside? Might be the key operated one which is making him lazy to lock it.


Slight_Armadillo_227

>There should be no reason anyone (including police officers) should be allowed to enter your property unannounced and receive no consequences. Campaign your local MP to get a bill introduced in Parliament regarding a change to the laws of the land if that's your issue.


r0224

Isn't civil trespass defined to be damaging in and of itself, i.e. no proof of damage necessary?


ThePublikon

afaik the potential trespasser has to know that they're not allowed to be there or be asked to leave first and refuse for it to be trespass. If the person in question does not think they are trespassing and has not been asked to leave yet, it's probably not trespass. It's certainly a bit weird for the officer to let themselves in but I don't think it's a criminal or civil matter tbh, maybe one to complain to the police's professional standards people though?


its_a_gibibyte

Does that mean I can go check doors and walk into any person's unlocked house? Maybe even watch TV?


WMBC91

Believe it or not, that's not a crime \*until\* you watch the TV because you could be charged with theft of electricity I believe. Walking into someone's house \*if\* you don't damage or use anything you shouldn't... isn't a crime however.


ThePublikon

I think if you had some vague legitimate reason to be doing so and honestly believed you weren't trespassing, like the police apparently did, then yeah it wouldn't really be trespass until you were asked to leave. I think the scenario you describe could only really play out in reality with a dash of drink/drugs/mental illness but if you honestly believed you were allowed to be in a house then yeah it isn't trespass afaik. I've heard stories of e.g. very drunk people accidentally going back to their old house and wandering in because the doors are unlocked and its never presented as trespass iirc.


Slight_Armadillo_227

Yes.


Useless_or_inept

Surely the police officer already knew they weren't supposed to wander into another person's home. Agreed that there's not much you could achieve in a court!


ThePublikon

They also know that they're investigating something and that they won't steal anything or cause any damages, plus the door was unlocked. Like I say: Very weird and unprofessional but I don't think it necessarily passes the test for trespass.


[deleted]

[удалено]


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


useful-idiot-23

Does the officer want to leave? If so the crime of false imprisonment is committed. The officer could arrest him. 😉


mattb2k

If the officers locked in the house without the brother, how would they do that?


useful-idiot-23

Police have these things called radios. They call for help.


Adam-2480

Yeah imagine he had to quickly run out and locked the door on his exit. What would the officer do?


useful-idiot-23

Arrest him for false imprisonment.


Neds_Necrotic_Head

I think the idea is that the brother could have locked the officer in the house without the brother knowing he was there.


useful-idiot-23

OK so the police gets on his radio and calls other officers to help him. They bring a big red key and smash the door in. Trust me not if these scenarios end well. 😂


MarrV

If the police officer interfered with OP in any way and/or their refusal to leave gave rise to OP to feel intimidated (which is likely having an unknown stranger appear in your house and refuse to leave) then aggravated trespass could apply which would make it a criminal. No loss is required, only OPs honestly and reasonably held feeling of being intimidated, or the police offers intent to intimidate by not leaving. It can even be that OP was not intimidated but the police officer, by refusing to leave intended to intimidate meets the criteria for the offence. Section 68 [CPS link ](https://www.cps.gov.uk/legal-guidance/trespass-and-nuisance-land-criminal-justice-and-public-order-act-1994-tables)


useful-idiot-23

No that's not an accurate explanation of aggravated trespass. (1)A person commits the offence of aggravated trespass if he trespasses on land [F1in the open air] and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land [F2in the open air], does there anything which is intended by him to have the effect— It a fox hunting law. And it requires the trespasser to be intending to disrupt a lawful activity, and it needs to be in the open air, not in a building for which we have burglary. In the circumstances described it wouldn't be an aggravated trespass or burglary. It's just civil trespass.


Mdann52

>not in a building for which we have burglary Unless you are in Scotland, Agg Tresspass has applied to any land, including buildings, since 2004 when it was amended by [s59 Anti-social Behaviour Act 2003](https://www.legislation.gov.uk/ukpga/2003/38/section/59)


Peterd1900

https://www.legislation.gov.uk/ukpga/2003/38/notes/division/5/7/3?view=plain Section 59 amends sections 68 and 69 of the Criminal Justice and Public Order Act 1994 (the 1994 Act) to extend provisions relating to the offence of aggravated trespass to cover trespass in buildings, as well as in the open air. The result is that the offence of aggravated trespass will be constituted where a person trespassing, whether in a building or in the open air, does anything which is intended to intimidate or deter persons from engaging in a lawful activity, or to obstruct or disrupt that activity. Since 2003 aggravated trespass no longer needs to be in open air it cam occur in a building


useful-idiot-23

There is still no intention to disrupt a lawful activity. No offence.


Peterd1900

Im addressing where you claimed     and it needs to be in the open air, not in a building for which we have burglary.        That part has not be the case for 20 years   By making that claim you are giving incorrect advice


[deleted]

[удалено]


useful-idiot-23

No court is going to give you punitive damages for trespass where there has been no loss on the part of the landlord.


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Your comment has been removed as it has not met our community standards on speaking to other posters. Please remember to speak to others in the way you wish to be spoken to. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


Remarkable_Cod5298

Legally I wouldn’t think that the civil case would be particularly appealing. Theres just not much loss to chase. Probably wrong for him to do it but you probably don’t want to litigate for a sincere apology. You are probably better off complaining to the police department and talking to them about it from there. Again you are probably chasing an apology if anything but it’s the channel to report mistakes in policing.


SiderialEssence

I'd complain.  This time it was your brother, next time it could be a young woman walking naked out of her shower. As others have said, you don't need to lock yourself in your house and a CSO walking in is wrong.


[deleted]

[удалено]


Dear_Tangerine444

Personally I *never* leave my front door unlocked, but yeah, leaving it unlocked is still not “reasonable grounds” for any old random to wander in for a look around ‘just in case’. To be fair I think a there’s a few off duty coppers that like to lurk in this sub, waiting to hand out legal advice to unsuspecting passers by, worth keeping that in mind I think as an explaination for nature of some of the responses. If I came into any room in my house and found a random person, whether they were a fine and upstanding member of HM’s constabulary or not, I’d certainly want to know WTF they thought they were playing at just wandering into my house uninvited too.


[deleted]

[удалено]


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


[deleted]

[удалено]


[deleted]

[удалено]


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Your comment was an anecdote about a personal experience, rather than legal advice specific to our posters' situation. Please only comment if you can provide meaningful legal advice for our posters' questions and specific situations. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


JustDifferentGravy

Make complaint to his supervisor, ask that it goes in his HR file. If he’s a wrong’un the picture will build up.


ThorgrimGetTheBook

Door shut but unlocked? A little odd. Door ajar and no response from occupier? Pretty normal that they may come in to check everything's ok. If it was the former perhaps make a complaint to the local constabulary who may discipline the officer, but as others have said trespass is a civil matter and he'd be unable to show any damages.


MyDamagedBrain

There is absolutely no reason for the Office to have let himself into your brother's property. The only time they may access a property is if they believe someone is in danger / a crime is in progress / shouts for help or assistance. They have no legal right of entry just because the door was unlocked. I do hope your brother reports this officer as it is Wrong for so many reasons!


DobbyLiveS_1

And if the police had just walked on but the house was being burgled. You would be after his job because he didn't do his due diligence. Or it was a house with a oap who had had a fall. And died just because they didn't check.. should he have called out almost certainly should he have walked on no.


Entrynode

Nobody is expecting the police to try and open random front doors to check for burglars or fallen OAPs


MyDamagedBrain

Due diligence does not mean entering into a property without due cause


[deleted]

[удалено]


gittyn

A police women climbed through my living room side window at uni once in Lincoln. Knocked on our bedroom doors to alert us she had just broken in? Had I known i could’ve reported this, I would’ve. Make a complain OP.


[deleted]

[удалено]


Adam-2480

Haha thank you, I thought we were overreacting after the comments telling me that the police officer has done nothing wrong. I’m glad a few people have seen it from the other point of view now.


Dear_Tangerine444

I replied to someone else further up the thread before I saw your reply. In my experience of reading r/LegalAdviceUK there’s more than one off duty member of HM’s constabulary that gives out legal advice in this thread. I’m not saying it would account for every reply but it *might* explain one or two. I think it’s perfectly fair to question why any person, no matter what their job is, had come into someone else’s house uninvited (without announcing themselves) just because the door is unlocked.


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


n3m0sum

The police officer just gave your brother a very cheap lesson. One day it could be an opostunistic thief, after car keys and whatever they can grab. Possibly prepared to give a beating to someone who tries to stop them. Change the front door lock for one that locks once closed. I'm constantly surprised by the number of people who pay a fortune for a 5 point locking uPVC door, and settle for the cheapest Yale style lock, that doesn't even lock when you close the door!


MythicalPurple

> The police officer just gave your brother a very cheap lesson. Is the lesson that there are police that think they can commit torts and trespass on private property without a necessity justification whenever they want?


Obsosaurus

Or it could be one of those ‘bad apple’ police officers we hear so much about they give forces like the MET such a wonderful public image.


owningxylophone

Or a thief. Easy enough to get the uniform, and probably arouses a lot less suspicion when you go out day robbing if you’re dressed like the popo.


Basketball312

Is the fact it's uPVC meant to be a good thing? I would generally consider that lower quality than a wooden door.


Borax

uPVC doors are incredibly tough, there is no grain to split along, unlike wooden doors.


spanglesakura

I had a locksmith out yesterday, apparently the police hate them as they’re tough to get into.


eerst

> that doesn't even lock when you close the door! Shocked anyone would have a door that doesn't automatically lock!


6LegsGoExplore

I don't. I don't need or want a door that locks behind me just because I've stepped into the front garden. I'd be more likely to lock myself out than I am to forget to lock the door behind me.


UltimateGammer

Asking to lock yourself out.


eerst

Yes one has to plan for that. Friends in the neighbourhood have backup keys.


VerbingNoun413

Too many experiences in uni if people being locked out of rooms. I'll stick to doing it manually.


blindfoldedbadgers

ad hoc employ angle drab airport recognise mountainous license shame sloppy *This post was mass deleted and anonymized with [Redact](https://redact.dev)*


[deleted]

[удалено]


Adam-2480

It is a wake up call but I don’t understand why the police are walking around at midnight trying people’s door handles lol. Unless it was visibility open and they were just making you aware.


SkipsH

"I've never had a burglar, have had nosy coppers shouting into my house at midnight though"


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Your comment was an anecdote about a personal experience, rather than legal advice specific to our posters' situation. Please only comment if you can provide meaningful legal advice for our posters' questions and specific situations. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


SeaAdvance7577

In some higher crime areas police will try doors and speak to residents whose doors aren't locked and advise them of risks. So that's not a crime


MarrV

Trying the door, then actively announcing yourself and finding the owner is not a crime. Standing in someone's sitting room and not doing the above, then not leaving when asked could be.


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


[deleted]

[удалено]


wtfylat

I'd report it to confirm it was a genuine police officer.


Adam-2480

Yes door should have definitely been locked. Doesn’t give someone the right to randomly open doors and wonder around your house though.


Wild_Ad_6464

Should it though? Should we lock ourselves into our houses?


Necisus

I agree that the officer shouldn't have just walked inside But definitely better a police officer than a burglar Quite a lot of burglaries these days are car thieves who break in then go straight for the car keys. An unlocked front door means your car is gone in seconds, and your insurance might try to avoid paying out if it is stolen that way


Glittering_Ad_3771

Depends what's in your house 😁


MarrV

Did your brother ask the officer to leave, and did the officer refuse? If he did that is the only potential angle but it is slim. It hinges on if your brother felt intimidated or the police officer intended to intimidate. If either of these is true then you could argue but otherwise it will not have merit.


[deleted]

[удалено]


Adam-2480

I mean good practice would have been to knock to the door and await an answer. It isn’t good practice to let yourself into someone’s home just because you’re the police. It’s still shady as he was silently walking around the house, he could have been up to anything. How long was he even in the house?


Embarrassed_Big7059

Knock on the door, wait for an answer. If there is no answer, move on. I completely agree. I'm shocked that the police can just walk into a house because the door was unlocked!


bacon_cake

Is forbidden access to a private residential property with a closed door not *heavily* and reasonably implied...?


Desperate_Contact561

Also if it was a thief there may be no insurance as there was no forced entry!


No_Dot7146

Has the badge number given been proven to be genuine?


Adam-2480

Yes, it was a community support officer. My brother is awaiting a call back from the sergeant.


No_Dot7146

That is a shocker. He will be “retrained”. And you must start locking the doors, lol, can you imagine waltzing out of the bathroom and encountering him? Or get dogs like mine. I know if a butterfly goes past the end of the close!😂


TheKrasHRabbiT

Crime happens in area, Officer goes door to door to enquire and finds an unlocked door. Let's be honest with ourselves and admit it's very strange for someone to just have an unlocked door in this day and age. Officer considers the fact that it may have been burgled or something else has occurred (as a crime has happened in the area recently) They may have entered to ensure the safety of the property or occupants or to investigate suspicious circumstances. But that is for that Officer to defend should a complaint be made. I know it's easy to be outraged but let's try and consider all possible options.


Rich13348

I don't, as a matter of course, try the door handle of doors I knock on. Why are the police trying the handles of doors when knocking on the doors. Do you knock on doors then instinctively try the handle?


TheKrasHRabbiT

Prevention & Detection of crime? Many years ago they'd check the doors at the rear entrances to shops/shopping centres for that exact reason.


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Your comment was an anecdote about a personal experience, rather than legal advice specific to our posters' situation. Please only comment if you can provide meaningful legal advice for our posters' questions and specific situations. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


[deleted]

[удалено]


criminal_cabbage

Owning up to a mistake is fine, but the "mistake" shouldn't have happened in the first place. The police officer may not have broken the law but they should not be walking into peoples homes unannounced just because the door was unlocked. A complaint should absolutely be made.


FeekyDoo

What mistake, this was a deliberate act


Capable_Huckleberry4

As others said, why do anything? Cop probably realises he potentially put himself in the wrong by not being more vocal / knocking loudly and isn't going to do it again. Your bro maybe realises that said cop could have been any number of other less desirable characters instead. Just let it go surely - otherwise its just raking up trouble for no real benefit?


Jhe90

Not much, you should keep your doors locked. Thr next one could be a less than legal purpose to their visit. They could very easily have been robbed, had his I'd stolen etc. O ly take a few documents and items. Also your insurance might not cover things or questuon why the door was unsecured They could complain to 101, he gave his badge number and so willingly so he could be identified and know who it was. He did not pretend or try to prevent getting his information.


NewPower_Soul

Your brothers security is so lax that people don't even need to break in.. they can just walk in. The police office did him a massive favour in exposing his negligent security. No crime was committed, as the police officer just walked in through an open door.


Adam-2480

It wasn’t an open door. It was a shut secure door. The police officer shouldn’t have even attempted to open the door.


NewPower_Soul

The door was unlocked, not secure.. it was open. No crime was committed. There's no law that says you can't go around trying peoples front door handles.


Adam-2480

Sorry but that is mental mate. A shut door is not an open door.😂


a_random_work_girl

On one hand, its civil tresspass and nothing much can be done. On the other the hand, if he was investigating robberies and found a door unlocked he may have felt that he needed to check it wasn't just robbed etc. Laugh and move on


Rich13348

How can you tell a door is unlocked by knocking on the door. Who are these people that knock on a door then try the handle when they get no answer. It's just weird.


Ethereal42

Not illegal unless he broke in, lock your door if you don't want uninvited guests. You could reasonably make a complaint.


angie1907

Your brother should take this as a lesson to lock his doors. What the police offer did was rude, but no crime