Two Prosecutions in the paper

[furnessvale]

In English law theft and burglary are two completely different offences. Shoplifting, a popular term of course, does not exist in law, but can be construed as theft. Burglary would involve either breaking into a premises or otherwise gaining unauthorised access, through an open window for instance, and is generally regarded as a more serious offence, though after the Hatton Garden sentences one wonders.

Burglary is defined as entering a building "as a trespasser" with intent to commit certain offences, or having entered a building "as a trespasser" then committing certain offences.

There is certainly no requirement to break in or even climb in through a window etc. There is even no need to actually enter in person. Sending in a trained monkey or using a fishing rod through an opening will suffice.

If a person has been banned from premises and he enters without permission he is a trespasser. Therefore if he has the required intent on entering, or commits one of the required offences having entered the building he is a burglar.

 

[MP33]

Stopping someone from using the Railway who has bought a valid ticket. Reminded me of someone who was given an asbo for causing a disturbance in a station retail outlet.

The conditions of his asbo was,

At the station in question.

If catching a train he was to turn up no more than a few minutes before the arrival time.

If arriving by train. Leave the station by the nearest exit without stopping.

 

[Marvin]

While I agree in principle, in practice it will be nigh on impossible to ban someone from the railway.

In practice it's nigh on impossible to ban someone from driving a car if they really want to, but the courts still do it. The main impact of the ban is what happens to them if they're caught violating it.

 

[Antman]

The idea is when you catch them dodging fares next time, instead of just a fine they're now facing a custodial sentence.

Is anybody really likely to be jailed for not buying a ticket? You have to do something pretty serious to get sent down nowadays;
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Burglary is defined as entering a building "as a trespasser" with intent to commit certain offences, or having entered a building "as a trespasser" then committing certain offences.

There is certainly no requirement to break in or even climb in through a window etc. There is even no need to actually enter in person. Sending in a trained monkey or using a fishing rod through an opening will suffice.

If a person has been banned from premises and he enters without permission he is a trespasser. Therefore if he has the required intent on entering, or commits one of the required offences having entered the building he is a burglar.

Stealing from a shop you have been previously banned from can be deemed burglary but like others I've never known any shoplifter to be charged with burglary, most cases are dealt with by a fixed penalty if indeed the police are involved at all.

 

[Qwerty133]

Shoplifting could technically be prosecuted as burglary, even where the person is not banned from the shop, due to the principle of 'going beyond permission', which means that you are trespassing in a place you have permission to be if you don't have permission to do what you do while in said place (and you don't have permission to appropriate goods without paying in a shop.)

 

[Antman]

Shoplifting could technically be prosecuted as burglary, even where the person is not banned from the shop, due to the principle of 'going beyond permission', which means that you are trespassing in a place you have permission to be if you don't have permission to do what you do while in said place (and you don't have permission to appropriate goods without paying in a shop.)

It could indeed but never seems to happen, the CPS would probably deem it to be not in the public interest