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Originally Posted by Xaccers
If you left the door open, then no criminal access has taken place.
If they smash a window, unwitnessed, clean up the evidence, no criminal access can be proven (as is likely to have in the case Russ mentioned).
Once the locks are changed, the police have no legal access to evict them.
So make sure you set your alarm and video cameras going next time you go out.
You must make a claim for possesion (IPO) within 28 days of discovering your premises were being occupied by squatters.
So no, it's not a case of a quick phone call to the police and the bank.
It's no where to live until you get the IPO which then leaves 24 hours for the squatters to leave before they are considered criminals, although you can force your way legally into the property once the IPO is given.
I did not mention the 1977 act.
Squatting was criminalised in the 1994 CJA.
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In early February I left a window open, CID thought the resulting access by parties unknown illegal / criminal enough to send two forensics officers and a DC to come and fingerprint the entire house - how come?
You're missing the point. We are talking about abandoned, unused, council, housing association or landlord owned houses.
Illegal occupancy, and indeed entry, to anyone's house where they are currently living, registered as living, listed as an active rent paying tenant, are registered on the electoral roll or are a home owner is illegal. If you leave your door (or a window) open, in any of these circumstances, and someone enters your property without your express permission / invite they are breaking the law.
To suggest that someone entering your house after you leaving your front door open to pop out to the shops is not illegal entry is nonsense - otherwise we'd all be popping in uninvited to peoples houses and having a cup of tea without a second thought. Try it and see how long the police, or the occupier, let you sit there with your feet up before collaring you off to the local nick.
Again - we are talking about "vacant" (unoccupied) properties.
It is only when a property has been occupied as a result of being left "vacant" as opposed to "unattended" or where legitimate ownership / occupancy cannot reasonably be proven that there then arises the matter of obtaining an IPO to prove ownership / occupancy.
If occupying someone elses home was as simple as what you would have us believe then in the event that "It's no where to live until you get the IPO which then leaves 24 hours for the squatters to leave before they are considered criminals" then surely home owner occupiers who were victims of such practices would simply apply your logic and take over the house of the nearest neighbour who was unfortunate enough to leave their door or window open.
Apologies on the 1977 / 1994 CJA mix up - however, it still stands that there is a distinction in law between criminal and illegal.