What charges would be brought against the following person (providing they were apprehended)?
Firstly, I am asking this purely out of curiosity. This scenario does not relate to me in any way, nor do I have any intention of acting upon it- I am merely following up on an intriguing TV programme I watched a week or so ago. UK-specific laws would be great.
If a person breaks into a corporate building (e.g., a company building, not a domestic or personal residence) out of hours, so there are no staff present, and as 'sport' sets about evading the security measures that are in place merely to reach a pre-arranged spot within said building; once this spot is reached, the person simply leaves the area.
Providing the person causes no damage (the idea is to leave behind no trace of their presence) and does not steal anything, what can they be charged with?
Ed- let us assume they bumped into a police officer whilst leaving the property.
- waldo_mcgintyLv 61 decade agoFavorite Answer
First of all if you were apprehended by a bobby on the way out you you would inevitably be arrested on suspicion of burglary.To be fair to the Police they are not paid to hold legal debates on the pavement outside a possible crime scene about guilty/not guilty.
That said - entering a building you have no permission to enter is trespass.Trespass is (as we all know) a civil not a criminal matter.However entering a building with intent to steal etc.(or commit an offence e.g criminal damage in order to gain entry or whilst there) is very definitely burglary.Hence this stunt would probably get you at least a night in the cells and maybr Police Bail whilst they investigated.You could not complain.
If the arresting officer was keen and up on his/her law he/she might want to know who "pre-arranged" the spot. If it was you and A.N Other then he/she might consider charging you with conspiracy to trespass under the Criminal Law Act 1977.This may not get past the CPS but you may not relish the wait finding out what they eventually decide.
PS It does not matter if it's a corporate building or private dwelling.The law of burglary was modernised in Theft Act 1968 and the distinction between "house breaking" and other forms of "breaking and entering" abolished
- SangmoLv 51 decade ago
You say that "a person breaks in ...", which suggests criminal damage, eg to locks, windows or whatever may be broken. Assuming that somehow this is avoided, eg he shinned up a drainpipe to an open window in the traditional manner, then what you describe really just amounts to trespass, which is a civil wrong (tort, in legal terms). The police officer would I think be reasonable in suspecting damage and/or theft, and therefore arresting and questioning the individual, and verifying with the owner of the property that nothing is amiss, but once that is confirmed there seems no basis for criminal charges; it would be for the owner to consider whether to take any civil action, such as an injunction against further trespass.
- 1 decade ago
You say this person breaks in? There's your answer. If damage is caused, then they can be charged with any number of offences. Now, if the door's open, and they wander in, causing no damage to anything, the police would have to get VERY creative to charge them with a crime.
If they bump into a policeman on they way out, they could be charged with assaulting a police officer.
- Anonymous4 years ago
Obama will do what he can to continue playing party politics and towing party lines. Already, he is acting like he is on borrowed time. He would not want to threaten the democrat majority in Congress, and any legal action targeting Congressional members would do just that, especially high ranking democrats like Pelosi. Then again, Pelosi doesn't remember telling illegal aliens that it is okay for them to be in this country illegally and that their actions are patriotic (even though she was caught on camera telling them this at a meeting in SF). Pelosi also informed the nation that Americans are losing their jobs at a rate of 500 million a month. She continues to push unions down the throats of middle class workers, yet the company that she and her husband own refuse allowance of union employees (ironic?). How can anyone actually believe anything that comes out of her mouth?
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- 1 decade ago
Trespass an damage to property , are two , the financial side too ,the inconvenience of the owner the time the police spend investigating ect ,
- vdv_desantnikLv 61 decade ago
if they didnt cause any damage entering the building, didnt steal anything and didnt damage anything they couldnt be charged with anything. The company could file a civil case for trespass but thats about it, however they could still be arrested on suspicion of burglary
- Ron AkiaLv 61 decade ago
As a start you'd be arrested for breaking and entering. The list could grow depending on the circumstances, i.e. did you cause damage upon entering the premises, etc.
- 1 decade ago
In criminal law, believe it or not, nothing. Then again if they go in without causing damage, evade all security systems and leave without there being staff to notice him how would you ever know it happened! :)
- Lily B TalusLv 71 decade ago
possibly criminal damage for breaking in, but they dont seem to have broken any set laws, may have difficulty convincing the officer that they weren't intent on committing a crime though.
- Anonymous1 decade ago
Trespass is not a criminal law it is a civil law.
He could be charged with breaking and entering and criminal damage.