Burglary
Burglary is a serious criminal offence carrying up to fourteen years' imprisonment for domestic burglary. A third domestic burglary conviction triggers a mandatory minimum sentence of three years under the "three strikes" rule.
About Burglary
Burglary is defined by Section 9 of the Theft Act 1968. There are two forms. Under Section 9(1)(a), a person commits burglary if they enter a building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or commit criminal damage. Under Section 9(1)(b), burglary is committed where a person, having entered a building as a trespasser, steals or attempts to steal, or inflicts or attempts to inflict grievous bodily harm. The key element in both cases is entry as a trespasser — entering without permission or exceeding the permission granted.
The maximum sentence for burglary depends on the type of building. Burglary of a dwelling — a building where someone lives — carries a maximum of fourteen years' imprisonment and is always tried on indictment in the Crown Court. Burglary of a non-dwelling — such as a shop, office, or warehouse — carries a maximum of ten years. Under Section 111 of the Powers of Criminal Courts (Sentencing) Act 2000, a third conviction for domestic burglary carries a mandatory minimum sentence of three years' imprisonment unless the court finds exceptional circumstances.
The sentencing guidelines for dwelling burglary take into account the degree of planning, whether the property was occupied at the time, whether violence or threats were used, the value of property stolen, and the impact on the victims. Dwelling burglary is treated very seriously because of the profound psychological impact on victims of having their home violated. Even a first offence of dwelling burglary frequently results in an immediate custodial sentence.
Defending burglary cases often involves challenging the evidence that places the defendant at the scene — identification evidence, DNA, fingerprints, and CCTV. In other cases, the defence may accept presence at the building but contest the element of trespass (for example, where there was implied permission to enter) or the element of intent (where entry was for an innocent purpose and any theft was opportunistic rather than planned). Each of these issues requires careful analysis of the prosecution evidence.
Key Points
- Defined by Section 9 of the Theft Act 1968
- Dwelling burglary carries up to fourteen years' imprisonment
- Non-dwelling burglary carries up to ten years' imprisonment
- Third domestic burglary triggers mandatory minimum three-year sentence
- Entry as a trespasser is the key element — entering without or exceeding permission
- Dwelling burglary almost always results in a custodial sentence, even for first offences
Why Early Representation Matters
Burglary cases often rest on forensic evidence — DNA, fingerprints, footwear impressions — and CCTV or identification evidence. We scrutinise every piece of forensic evidence, instructing independent experts where necessary to challenge the prosecution's conclusions. Forensic evidence that places you at or near a scene is not the same as evidence that you committed a burglary, and the distinction matters.
We also examine the circumstances of the alleged entry carefully. The prosecution must prove that you entered as a trespasser and that you had the relevant intent at the time of entry. If you had permission to be in the building, or if you entered for an innocent purpose and the decision to take property was made after entry, the legal analysis changes. These are technical points, but in burglary cases, technical points can be decisive.
For clients facing a third-strike mandatory minimum sentence, we explore every possible avenue to establish exceptional circumstances that would allow the court to depart from the three-year minimum. This requires detailed preparation and persuasive presentation of personal mitigation.
Frequently Asked Questions
Theft is the dishonest taking of property. Burglary requires entry into a building as a trespasser with intent to steal (or to commit GBH or criminal damage). You can commit theft without trespassing into a building, and you can commit burglary without actually stealing anything — entering a building as a trespasser with the intent to steal is sufficient. Burglary is treated more seriously because of the violation of the building and the risk of confrontation with occupants.
For dwelling burglary, immediate custody is the most likely outcome even for a first offence, though suspended sentences are possible in less serious cases. For non-dwelling burglary, the range of outcomes is wider — community orders and suspended sentences are more common for first offences involving lower-value commercial premises. A third domestic burglary conviction carries a mandatory minimum of three years unless exceptional circumstances are found.
It means entering a building without permission, or entering a part of a building you do not have permission to access. If a shop is open to the public, you are not a trespasser in the public areas — but if you go behind the counter into the storeroom, you have exceeded your permission and are now a trespasser in that area. The prosecution must prove that you knew or were reckless as to whether you were trespassing.
Under Section 111 of the Powers of Criminal Courts (Sentencing) Act 2000, if you are convicted of a third domestic burglary committed after the previous convictions, the court must impose a minimum sentence of three years' imprisonment unless it would be unjust to do so given the particular circumstances of the offence or the offender. This is a high threshold to meet, but it is not impossible.
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