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Is this breaking and entering?

So, in order for you guys to help me with my problem there are a few things that need to be taken as fact, and then we can move on from there...

-My mum and I haven't spoken in over a year. I am not willing to speak with her again
-My previous contact with her has been hostile on her part, and my younger years were characterised by abusive behaviour towards me on her part
-I do not want to rebuild a relationship with my mum; I never want to see her again

So, onto the main problem. In her house, where I used to live, she has all of my childhood photos. I am 27 years old and I have no photos of my prior to the age of 26. She has photos of my from age 0-17ish. I want those photos. I have the keys to her house still, she has never asked for them back; I am aware that I should give them back.

I'm thinking of doing the following:
-Waiting until she's at work
-Going into the house, taking the photos and leaving a note saying 'I have taken the photos, and posted my keys back through the post box'
-I would only take photos of just me; no photos that include anyone else

Anyway, my main concern is that she could report me for some type of theft or breaking and entering. My thoughts are that the photos are technically mine, since they're all of me and that I wouldn't technically be breaking and entering since I have keys. Then I would post the keys back through the door anyway.

What do you guys think? Any further questions welcome.

Please do not message me telling me I should make up with my mum, or value my relationship with her etc etc; I find that type of advice to be insulting and unhelpful (it has taken a lot of therapy for me to be happy to end the relationship with her and not feel guilt)

Cheers

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OMG yes. You could be jailed hon.
Reply 2
Avatar for grape:)
grape:)
OP
22
So, my dad left when I was 3 and I have no contact with him. My sister (only sibling) has sided with my mother in the relationship breakdown, and I have no contact with the rest of my family as they were quite abusive. I basically only socialise with friends now and I have family left.
Reply 3
Avatar for grape:)
grape:)
OP
22
Original post by cheerIeader
OMG yes. You could be jailed hon. It's stalkeresque behaviour.

Sorry I'm looking for something a little more specific. I'm not sure it would count as stalking or harassment as those have to be a continual pattern of inappropriate behavior. This would be a one off? Also I'm very sure that I wouldn't be 'jailed' as this would be a first time offense, if indeed it was considered an offense at all?
Reply 4
Avatar for grape:)
grape:)
OP
22
Yeh, this is what I'm worried about. I wonder where I could get more advice about this. Do you have a background in law? (It would be great if you did). I really want to go ahead and do it, but I worry about the implications.
Reply 5
Avatar for yelir
yelir
19
Hi this isn't breaking or entering as you have the keys to the property which was given to you by the owner. From what I recall when I studied A level last year, the closest you could come to being a trespasser was if you was to breach the permission granted to you e.g. go somewhere where you know you didn't have permission to go. You'll be fine.
Original post by grape:)
Yeh, this is what I'm worried about. I wonder where I could get more advice about this. Do you have a background in law? (It would be great if you did). I really want to go ahead and do it, but I worry about the implications.

Yes. I'm almost a qualified solicitor. If she gave you the keys you should be fine to enter but if she's going to call the police on you then it's worth questioning if you wanna risk doing it at all hun.
Well ****, scary situation to be in being cut off from your family. Sure you're not taking that lightly.

Personally I'd say you wouldn't be arrested (I have no law background) cause you have keys. Direct access. She might have changed the locks though.
It wouldn't be breaking and entering, because she chose to give you a key.
The most dodgy part is taking the photos- which may be viewed as theft unless you originally paid the printing costs.

You can ask the police for advice at https://www.askthe.police.uk/content/askquestion.mth
I've used the service a few times, asking them what actions within the law the victim of a paedophile can take to protect herself since his release from prison and whether the actions of an ex are legal.
They answer the question by email within 48 hrs, you can use an alias and setup an anonymous email address if you prefer.
Reply 9
Avatar for Joleee
Joleee
19
do you honestly think your mother would try to press charges?

the decision to prosecute isn't that a crime has been committed. the CPS considers the case as a whole, your criminal background, whether it's a matter of public interest or the interest of the justice system.

www.cps.gov.uk/legal-guidance/minor-offences

idk if stealing childhood photos by someone with no criminal record (assuming) would count as any of that but i mean realistically...
I mean, if she could prove that it was you who stole the photos then she might have a case against you.

But, if you do it while she isn't there, and you have keys so you leave no evidence of breaking in, how will she prove it? If she would actually contact police on you for this, there's no conceivable way she could prove it was you beyond reasonable doubt.
Reply 11
Avatar for grape:)
grape:)
OP
22
Original post by yelir
Hi this isn't breaking or entering as you have the keys to the property which was given to you by the owner. From what I recall when I studied A level last year, the closest you could come to being a trespasser was if you was to breach the permission granted to you e.g. go somewhere where you know you didn't have permission to go. You'll be fine.

Thanks, and like someone else said I'm sure the CPS wouldn't find it in the public interest to get involved in a family dispute...
Original post by fishies
Well ****, scary situation to be in being cut off from your family. Sure you're not taking that lightly.

Personally I'd say you wouldn't be arrested (I have no law background) cause you have keys. Direct access. She might have changed the locks though.

Yeh, it's been a long time coming. My family were very detrimental to my mental health so it's definitely the right thing. Good point about the locks though.

Thanks ever so much for seeking further advice for me. If I were to ask for the pictures and return the key then world war 3 would probably be initiated by her. I have a lot of thinking to do.
Original post by londonmyst
It wouldn't be breaking and entering, because she chose to give you a key.
The most dodgy part is taking the photos- which may be viewed as theft unless you originally paid the printing costs.

You can ask the police for advice at https://www.askthe.police.uk/content/askquestion.mth
I've used the service a few times, asking them what actions within the law the victim of a paedophile can take to protect herself since his release from prison and whether the actions of an ex are legal.
They answer the question by email within 48 hrs, you can use an alias and setup an anonymous email address if you prefer.

That link sounds really useful. I'll give it a shot. Thanks.
Original post by Joleee
do you honestly think your mother would try to press charges?

the decision to prosecute isn't that a crime has been committed. the CPS considers the case as a whole, your criminal background, whether it's a matter of public interest or the interest of the justice system.

www.cps.gov.uk/legal-guidance/minor-offences

idk if stealing childhood photos by someone with no criminal record (assuming) would count as any of that but i mean realistically...

I'm not sure she would press charges tbh. What you say about the CPS is very interesting too. Thanks for the reply, and yes I have no previous convictions haha, I'm a very mild person :smile:
Original post by cheerIeader
Yes. I'm almost a qualified solicitor. If she gave you the keys you should be fine to enter but if she's going to call the police on you then it's worth questioning if you wanna risk doing it at all hun.


Omg all you do is bull****😂 You were going to Harvard 3 hours ago😂
Original post by Anonymous
Omg all you do is bull****😂 You were going to Harvard 3 hours ago😂

To do Law.. which practically makes me a solicitor.
Original post by cheerIeader
To do Law.. which practically makes me a solicitor.


American law? Useful in this british scenario
Reply 15
Avatar for grape:)
grape:)
OP
22
Original post by Anonymous
Omg all you do is bull****😂 You were going to Harvard 3 hours ago😂

Yeh that's why I ignored this response because she was the one telling me I'd be 'jailed' for being 'stalkeresque' :colonhash:
I doubt it would be pursued either by your mother or the police. However it's morally wrong and those photos aren't 'yours' just bc you are in them, they belong to whoever took and developed them. It will also further damage your relationship and while I know you don't care about that right now... it is possible it will change in the future.
Original post by cheerIeader
To do Law.. which practically makes me a solicitor.

That doesn't make you a practicing lawyer lmao it's like saying you're a doctor a couple of months into the first year of a medicine degree
Original post by bones-mccoy
That doesn't make you a practicing lawyer lmao it's like saying you're a doctor a couple of months into the first year of a medicine degree

Oh hunny, no one ever tells you that the practice is better than the real thing.

I'm lucky he didn't leave a scar.
Original post by cheerIeader
Oh hunny, no one ever tells you that the practice is better than the real thing.

I'm lucky he didn't leave a scar.

You obviously haven't studied a law degree then, the "practise" involves a lot of unnecessary academic rigour that is pretty much of little use to people when they're qualified.

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