Robbery
Robbery is one of the most serious acquisitive offences, carrying a maximum sentence of life imprisonment. A custodial sentence is almost always imposed, making the quality of your defence critical from the very first moment.
About Robbery
Robbery is defined by Section 8 of the Theft Act 1968. A person is guilty of robbery if they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or put or seek to put any person in fear of being subjected to force then and there. In simple terms, robbery is theft plus the use or threat of violence. The force does not need to be significant — snatching a bag from someone's hand, pushing someone to take their phone, or threatening to hit someone unless they hand over their wallet can all constitute robbery.
Robbery is an indictable-only offence, meaning it must be tried in the Crown Court before a judge and jury. The maximum sentence is life imprisonment. The sentencing guidelines provide starting points ranging from one year for street robbery with minimal force and low-value items, up to eight years or more for professionally planned robberies of commercial premises involving weapons. Aggravating factors include the use of weapons, targeting of vulnerable victims, group offending, and the psychological impact on the victim.
The prosecution must prove every element of the offence: that a theft occurred, that force was used or threatened immediately before or during the theft, and that the force was used in order to steal. Each of these elements can be challenged. If no theft occurred — for example, because the property was abandoned or the defendant genuinely believed it was theirs — there is no robbery. If the force was separate from the taking, or was not used for the purpose of stealing, the offence is not made out.
Robbery cases frequently involve identification evidence — the victim or witnesses identifying the defendant as the perpetrator. Identification evidence is inherently unreliable, and the courts recognise this through the Turnbull guidelines, which require the judge to give the jury specific directions about the dangers of identification evidence. Challenging the identification — through CCTV analysis, alibi evidence, or expert evidence about the unreliability of eyewitness accounts — is a common and often effective defence strategy.
Key Points
- Defined by Section 8 of the Theft Act 1968
- Indictable-only offence — must be tried in the Crown Court
- Maximum sentence of life imprisonment
- Requires proof of theft accompanied by the use or threat of force
- Even minimal force — such as snatching a bag — can constitute robbery
- Identification evidence is often the key issue and can be effectively challenged
Why Early Representation Matters
In robbery cases, the identification of the defendant as the person who committed the offence is frequently the central issue. We work meticulously with CCTV footage, phone location data, and alibi evidence to challenge the prosecution's identification case. Where the identification is based on eyewitness testimony, we examine the circumstances under which the identification was made — the lighting, distance, duration of observation, and whether the witness knew the defendant beforehand — to assess its reliability.
We instruct experienced robbery barristers who understand how to present identification challenges to a jury and how to ensure the judge gives proper Turnbull directions. The difference between a well-prepared identification challenge and a poorly prepared one is often the difference between conviction and acquittal.
Frequently Asked Questions
Robbery is theft plus force. If you steal from someone using or threatening violence — however minor — that is robbery. If you steal without any force or threat of force, that is theft. The distinction is enormously important: theft carries a maximum of seven years, while robbery carries a maximum of life imprisonment. A mugging, a bag snatch, and a hold-up at a shop are all examples of robbery.
Custody is almost always the outcome for robbery convictions. The sentencing guidelines make clear that robbery is a serious offence and the starting point for sentencing is a custodial sentence in almost every case. The length of the sentence depends on the level of force used, whether weapons were involved, the value of the property taken, and the impact on the victim. For street robberies with minimal force, sentences of one to three years are typical. For armed robberies or robberies of commercial premises, sentences can be much longer.
In some cases, yes. If the evidence does not support the use or threat of force — for example, where the taking was achieved by stealth rather than violence, or where the force was incidental rather than used for the purpose of stealing — it may be possible to negotiate with the CPS to accept a plea to theft. This dramatically reduces the potential sentence.
Mistaken identification is one of the most common causes of wrongful conviction. If you were not the person who committed the robbery, the defence will focus on demonstrating that the identification evidence is unreliable. This may involve presenting alibi evidence, challenging the circumstances of the identification, analysing CCTV footage, and instructing expert witnesses on the limitations of eyewitness testimony.
Yes. The sentencing guidelines distinguish between street robberies (which typically involve lower levels of force and smaller values) and professionally planned commercial robberies or those involving weapons. The starting points are significantly different. A street robbery with minimal force might attract a sentence of one to three years, while an armed robbery of a commercial premises could attract eight years or more as a starting point.
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