Forcible entry
Encyclopedia
Forcible entry is defined by Merriam-Webster's Dictionary of Law as the unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another's property, especially when accompanied by force.

The term is also sometimes used for entry by military, police, or emergency personnel. For the fire service, forcible entry is defined by the International Fire Service Training Association (IFSTA) as:
The techniques used to get into buildings or other areas of confinement when normal means of entry are locked or blocked.


and when accessing doorways can be defined as "through the lock" or "around the lock" depending on the techniques used.

England and Wales

Abolished by the Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...

.

Formerly the Forcible Entry Act 1381
Forcible Entry Act 1381
The Forcible Entry Act 1381 was an Act of the Parliament of the Kingdom of England. It created a statutory offence of forcible entry which superseded the common law offence....

, chapter 2 of 15 Ric 2 (1391), the Forcible Entry Act 1429
Forcible Entry Act 1429
The Forcible Entry Act 1429 was an Act of the Parliament of the Kingdom of England. It is written in the Anglo-Norman language. It was expressed to be passed because the statute 15 Ric 2 c 2 was felt to be inadequate because it did not apply to persons committing forcible detainer after a peaceful...

, the Forcible Entry Act 1588
Forcible Entry Act 1588
The Forcible Entry Act 1588 was an Act of the Parliament of the Kingdom of England.Its purpose was to prevent the avoidance of the proviso to the Forcible Entry Act 1429. It provided that no restitution was to be made on an indictment for forcible entry against parties who had been in possession...

 and the Forcible Entry Act 1623
Forcible Entry Act 1623
The Forcible Entry Act 1623 was an Act of the Parliament of the Kingdom of England. It provided that any judge who already had a statutory power, on enquiry, to give restitution of possession of freehold land in respect of which forcible entry or forcible detainer was being committed, was to have...

 (repealed).

Judge Donaldson considered the question of forcible entry in the UK, in Swales v. Cox (1981):
"[...] he uses force if he applies any energy to the obstacle with a view to removing it. It would follow that, if my view is correct, where there is a door which is ajar but it is insufficiently ajar for someone to go through the opening without moving the door and energy is applied to that door to make it open further, force is being used. A fortiori force is used when the door is latched and you turn the handle from the outside and then ease the door open. Similarly, if someone opens any window or increases the opening in any window, or indeed dislodges the window by the application of any energy, he is using force to enter..."

See also

For other crimes related to forcible entry, see:
  • breaking and entering
    Burglary
    Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...

  • trespass
    Trespass
    Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...

  • home invasion
    Home invasion
    Home invasion is the act of illegally burgling or entering a private and occupied dwelling for the purpose of committing a crime Home invasion is the act of illegally burgling or entering a private and occupied dwelling for the purpose of committing a crime Home invasion is the act of illegally...

  • vandalism
    Vandalism
    Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...



For methods used by military, police, and emergency services to enter buildings, see:
  • door breaching
    Door breaching
    Door breaching is a process used by military, police, or emergency services to force open closed and/or locked doors. A wide range of methods are available, one or more of which may be used in any given situation...

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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