Forcible Entry - England and Wales

England and Wales

Forcible entry was a common law offence in England and Wales, but was abolished, along with forcible detainer, by the Criminal Law Act 1977. It was replaced with a new offence of "using violence to secure entry" under section section 6 of that Act.

Formerly the Forcible Entry Act 1381, chapter 2 of 15 Ric 2 (1391), the Forcible Entry Act 1429, the Forcible Entry Act 1588 and the Forcible Entry Act 1623 (repealed).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..."