The offence
Section 9 of the Theft Act 1968 creates two routes to burglary: entering a building as a trespasser with intent to steal, inflict grievous bodily harm, or do unlawful damage; or having entered as a trespasser, then stealing or attempting to steal, or inflicting or attempting to inflict grievous bodily harm. The offence is triable either-way.
Defences
- Permission to enter, so there was no trespass
- No intent to steal or cause harm at the time of entry
- Mistaken identity or disputed presence at the scene
- Forensic, fingerprint and CCTV evidence challenged
Sentencing
Burglary carries up to 10 years’ imprisonment on indictment, with a minimum three-year sentence for a third domestic burglary conviction subject to particular exceptions. Aggravated burglary, where a weapon is carried, carries a substantially higher maximum. The sentencing guidelines weigh culpability, harm and the domestic context heavily.
Frequently asked questions
Burglary requires trespassing entry into a building with intent to steal or cause harm, or stealing or causing harm after a trespassing entry. Theft alone, without the trespassing entry element, is charged under section 1 of the Theft Act 1968.
A third qualifying domestic burglary conviction attracts a minimum three-year custodial sentence, unless the court finds it would be unjust to impose it in all the circumstances.
Aggravated burglary is committed where the defendant, at the time of the burglary, has with them any firearm or weapon of offence, and it carries a substantially higher maximum sentence.