Can The Police Remove Someone From My House Uk

Can the Police Remove Someone From My House UK?

This article explores the circumstances under which the police can remove someone from your property in the UK. It's important to understand your rights and the powers the police possess in such situations. Knowing when to call the police and what to expect can help you navigate a potentially stressful situation.

When Can the Police Remove Someone?

The police in the UK have powers to remove someone from your house under several specific circumstances, primarily when a crime has been or is being committed, or when there's a breach of the peace. These circumstances generally fall under the following categories:

• Criminal Activity: If someone is committing a crime on your property – such as theft, assault, or vandalism – the police have the authority to remove them and potentially arrest them. This includes situations where someone is trespassing and refuses to leave when asked.

• Breach of the Peace: This is a broader category. If someone's presence is causing or likely to cause a disturbance, violence, or fear of violence, the police can intervene and remove them to prevent a breach of the peace. This could include situations involving domestic disputes, noisy neighbours escalating into a confrontation, or threatening behaviour.

• Section 6 Public Order Act 1986: This section empowers the police to remove someone from a designated area if their behaviour is causing harassment, alarm, or distress to others. While this usually applies to public spaces, it could potentially extend to private property if the behaviour is affecting the wider community.

• Domestic Violence: If domestic violence is occurring, the police have powers to remove the perpetrator from the property for the protection of the victim. This often involves issuing a Domestic Violence Protection Notice or Order.

• Possession of Property: If someone is illegally occupying your property, such as squatting, you can contact the police. While they may not immediately remove the person, they will likely advise you on the legal steps you need to take to regain possession of your home, including pursuing a court order for eviction. Note that police involvement in squatting cases is often limited until a court order is obtained.

What You Should Do

If you need the police to remove someone from your house, it's crucial to:

• Ensure Your Safety: Prioritize your safety and the safety of others. If you feel threatened, retreat to a safe space and call the police immediately.

• Call 999 (emergencies) or 101 (non-emergencies): Clearly explain the situation to the dispatcher and provide your address and any relevant details.

• Provide Information: Be prepared to provide information about the individual, their behaviour, and any evidence of a crime.

• Document the Incident: If possible, try to document the incident with photos or videos, which may be useful if the matter goes to court.

What You Shouldn't Do

• Attempt to remove the individual yourself: This could escalate the situation and lead to injury or further offences.

• Engage in confrontation: Remain calm and avoid any physical altercation.

• Obstruct police officers: Cooperate with the police investigation and follow their instructions.

Important Considerations:

The police have discretion in how they handle such situations. Their response will depend on the specific circumstances and the severity of the incident. While they have powers to remove individuals, they must act within the law and respect your rights as a homeowner. If you're unsatisfied with the police's actions, you can make a complaint through the appropriate channels.

This article provides general information only and does not constitute legal advice. For specific legal advice related to your situation, you should consult a solicitor.