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Legal Terms – Forcible Entry
A common-law offense, modified by several statutes, applicable under specific situations when force is employed to enter premises. The common-law offence has been supplanted with a statutory offence concerning the use or threat of violence against individuals or property to gain access into premises (Criminal Law Act 1977). The offense is applicable only if an individual opposed to the entry is present on the premises and the offender is aware of this opposition. The offender's status as the legal owner or occupier of the premises does not provide a defense. Nonetheless, a specific defense exists if the offender can demonstrate that he was, at the pertinent time, a displaced residential occupier or a protected intending occupier in need of the property for habitation, possessing a qualifying freehold or leasehold interest, tenancy, or license, and was attempting to gain entry or traverse premises that provide access to his own residential dwelling. These restrictions are inapplicable to landlords attempting to reclaim possession, and making false representations while asserting protected occupant status is a summary offence. It is not an offense for an unlawfully evicted individual to employ force to re-enter their residence, provided that the force used is not excessive according to common law principles. The police may employ force to enter with legal permission.
A common-law offense, modified by several statutes, applicable under specific situations when force is employed to enter premises. The common-law offence has been supplanted with a statutory offence concerning the use or threat of violence against individuals or property to gain access into premises (Criminal Law Act 1977). The offense is applicable only if an individual opposed to the entry is present on the premises and the offender is aware of this opposition. The offender's status as the legal owner or occupier of the premises does not provide a defense. Nonetheless, a specific defense exists if the offender can demonstrate that he was, at the pertinent time, a displaced residential occupier or a protected intending occupier in need of the property for habitation, possessing a qualifying freehold or leasehold interest, tenancy, or license, and was attempting to gain entry or traverse premises that provide access to his own residential dwelling. These restrictions are inapplicable to landlords attempting to reclaim possession, and making false representations while asserting protected occupant status is a summary offence. It is not an offense for an unlawfully evicted individual to employ force to re-enter their residence, provided that the force used is not excessive according to common law principles. The police may employ force to enter with legal permission.
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