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Petitioner submission of 25 January 2022

PE1898/E - Make entering someone’s home without their permission or warrant a crime

My original petition (to me) seemed very simple. I wanted to make it a criminal offence for a stranger to enter your home without permission. This would exclude emergency services or emergency situations.  This law would cover whether the house was occupied or empty. Whether there was security in place or the door unlocked. Where the occupants were attacked or not. Whether anything was stolen or not. 

The reason I brought this petition was due to my home being broken into (secured and monitor alarmed) when I was absent and the police telling me this was not a crime.

I received correspondence from the police explaining that if anyone wants to enter your home to sit on the sofa and watch TV, they may struggle to find a crime.

The committee received confirmation from the Government that if someone wanted to overcome your security because they needed a place to sleep this was not a crime.

The committee wrote to The Crown Prosecution Service who quite rightly said laws are made by Parliament.

The committee also wrote to the Police. Their reply was there are existing laws in place under this that and different circumstances already. 

My petition is not about this that and different circumstances - I know there are laws in place for this. My petition is a specific set of circumstances for which both the police and the Government have said there is no law.

Obviously if the police can be specific about which law covers the circumstances of the petition then of course no new law is required but we have it in writing from both the police and the government that no such law exists.

As a layman (woman) it is very frustrating to be told by the police there is a law covering theft, rape, assault, when that is not what I am asking. The police correspondence states that it could be a crime if the house was occupied AND an alarm was set. Who can set an alarm in the daytime when they are moving from room to room (people break in through windows on all levels)? Who can set an alarm when their children are playing in the garden?

I urge the committee to speak again to the police and ask them which specific law covers breaking into someone’s home but not stealing anything or attacking them and which law covers breaking into someone’s home when they are absent? If the police can provide such laws then I have to query the government’s previous response and the police email which state the opposite.

I also note that I requested the committee to speak to Victim Support Scotland to get a better feeling for how traumatic it is to have your home broken into. It is not clear if this has been undertaken.