English and Welsh Police Law Explained
Sep 22, 2026 · 12 min · 10 segments
In this episode we look at how section 6 of the Criminal Law Act 1977 protects people in their own homes, from those outside. Todays legislation can be found at…
Section 6 Section 6 of the Criminal Law Act 1977 creates an offence of using or threatening violence to gain entry to premises.
The basic idea is that a person commits the offence if they use or threaten violence without lawful authority, intending to get into the premises for themselves or someone else.
The violence does not necessarily have to be against a person.
It can also be directed at property, such as breaking a door or damaging a lock.
There are two important requirements concerning the people inside the premises.
Firstly, someone must be present at the premises when the violence is used or threatened and secondly, that person must be opposed to the entry and the person using or threatening violence must know that they are opposed to that entry.
Therefore, simply using force to enter an empty building would not normally satisfy these particular requirements.
Similarly, it would need to be established that the relevant knowledge genuinely did not know that the person inside objected to their entry.
Section 6 is particularly important because having a right or interest in the property does not, by itself, provide lawful authority to use or threaten violence to gain entry.
For example, being the owner of a premises does not automatically give someone permission under this section to use violence to force their way inside when another person is present and opposed to the entry.
The section therefore separates a person's underlying property rights from the question of whether they are entitled to use violence to enter.
There is an exception for a displaced residential occupier or a protected intended occupier, including someone acting on behalf of such an occupier.
Section 6.1a states that the offence does not apply to such a person if the accused produces sufficient evidence that they fall within one of these categories.
Sections 12 and 12a of the Act contain the rule for determining who qualifies for a displaced residential occupier or protected intended occupier.
Finally, the section deliberately makes several things irrelevant to whether the offence has been committed.
The violence can be directed against a person or property, and the intended entry can be for the purpose of taking possession of the premises or for another purpose.
In simple terms, the key questions are, was the violence or threat of violence used to secure entry? Was there lawful authority for doing so? Was someone present to oppose the entry? And did the person using or threatening violence know about the opposition? If those elements are established, Section 6 may apply.
Section 6 Section 6 of the Criminal Law Act 1977 creates an offence of using or threatening violence to gain entry to premises.
The basic idea is that a person commits the offence if they use or threaten violence without lawful authority, intending to get into the premises for themselves or someone else.
The violence does not necessarily have to be against a person.
It can also be directed at property, such as breaking a door or damaging a lock.
There are two important requirements concerning the people inside the premises.
Firstly, someone must be present at the premises when the violence is used or threatened and secondly, that person must be opposed to the entry and the person using or threatening violence must know that they are opposed to that entry.
Therefore, simply using force to enter an empty building would not normally satisfy these particular requirements.
Similarly, it would need to be established that the relevant knowledge genuinely did not know that the person inside objected to their entry.
Section 6 is particularly important because having a right or interest in the property does not, by itself, provide lawful authority to use or threaten violence to gain entry.
For example, being the owner of a premises does not automatically give someone permission under this section to use violence to force their way inside when another person is present and opposed to the entry.
The section therefore separates a person's underlying property rights from the question of whether they are entitled to use violence to enter.
There is an exception for a displaced residential occupier or a protected intended occupier, including someone acting on behalf of such an occupier.
Section 6.1a states that the offence does not apply to such a person if the accused produces sufficient evidence that they fall within one of these categories.
Sections 12 and 12a of the Act contain the rule for determining who qualifies for a displaced residential occupier or protected intended occupier.
Finally, the section deliberately makes several things irrelevant to whether the offence has been committed.
The violence can be directed against a person or property, and the intended entry can be for the purpose of taking possession of the premises or for another purpose.
In simple terms, the key questions are, was the violence or threat of violence used to secure entry? Was there lawful authority for doing so? Was someone present to oppose the entry? And did the person using or threatening violence know about the opposition? If those elements are established, Section 6 may apply.
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