sch.1-sec.425Possession of things used in connection with unlawful entry

### sch.1-sec.425 Possession of things used in connection with unlawful entry Any person who is found under any of the circumstances following, that is to say— being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein; having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ; having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking; having in the person’s possession by day any such instrument with intent to commit an indictable offence; having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence; is guilty of a crime, and is liable to imprisonment for 3 years. If the offender has been previously convicted of a crime relating to property, the offender is liable to imprisonment for 7 years. sch 1 pt 6 div 1 ch 39 s 425 amd 1976 No. 25 s 10 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 74 (sch.1-sec.425-ssec.1) Any person who is found under any of the circumstances following, that is to say— being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein; having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ; having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking; having in the person’s possession by day any such instrument with intent to commit an indictable offence; having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence; is guilty of a crime, and is liable to imprisonment for 3 years. (sch.1-sec.425-ssec.2) If the offender has been previously convicted of a crime relating to property, the offender is liable to imprisonment for 7 years. - (a) being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein; - (b) having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ; - (c) having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking; - (d) having in the person’s possession by day any such instrument with intent to commit an indictable offence; - (e) having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence;