Member

From a policy perspective, I suggest to the Minister that it is logical and just to include gardens and grounds as premises because these are often areas where children play and families gather, and individuals expect privacy there too. If they were excluded inadvertently from the legal definition, that would create loopholes, undermining the protection that the law seeks to provide to those within their own homes. For example, in cases of trespass or unauthorised entry, it would be unreasonable to require that an intruder must enter the building itself before the law was engaged. If someone has a criminal intent to enter a property, he must have that same criminal intent in mind when he enters the gardens or the driveway of the property. In summary, gardens and grounds of a private dwelling should be considered as premises under UK law and in the Bill. This interpretation aligns with the plain meaning of “enclosed area”, the purpose and spirit of legal protection for dwellings, judicial precedent and sound policy considerations.