Burglary Laws Explained

The laws relating to burglary are outlined in Section 9 of the Theft Act 1968. The act sets out the offences that constitute burglary and how authorities can establish that a crime was committed. Unfortunately, burglary is one of the most common offences in the UK, with victims coming from all walks of life and a wide variety of properties being targeted.

The following article explains burglary laws in the UK more thoroughly, including what constitutes an offence, the potential penalties for those found guilty of this crime and how a charge of burglary is proven.

What is burglary?

There are two different types of a burglary offence as outlined in the Theft Act 1968. The Act sets out that a person will be guilty of an offence in the following circumstances:

• If they trespass on a property or any part of a building with the intention of stealing, inflicting GBH (grievous bodily harm) or to carry out unlawful damage whilst inside.
• If they, following their trespass into the building, attempt to steal any item in the property or they attempt to inflict GBH on a person inside.

How is an offence of burglary established?

In order to prove that an offence of burglary has been committed, the following will need to be established:

• The offender entered the building
• That the entry was made into a building or to a part of the building
• The entry was made as a trespasser
• The offender entered with intent

In the majority of cases, physical evidence is usually sought and used to prove that an offender entered the building. In a small number of cases, proving entry can be more difficult. UK law demands that in order to prove that entry occurred, it must be demonstrated that the entry into the building was effective and substantial. The complexities in this area usually arise when an individual has only partially entered a property, such as putting their hand through a window while remaining outside. The law seeks to prove that the entry was substantial in order to convict a person for the offence of burglary, as opposed to other theft crimes.

What does the law mean by a ‘part of a building'?

Section 9 of the Act refers to ‘part of a building'. This is included for premises that are open to the public but have areas reserved for staff. For example, if a person enters a shop, they do so legally, but if they enter a staff room or cashier area, they will not have the authority to do so, and the law therefore makes provisions for this.

The act acknowledges the variety of scenarios that burglary can be conducted in and as such, makes reference to specific terms including:

Distraction Burglary

There are a large proportion of burglaries that rely upon the offender deceiving a property owner or inhabitant in order to gain entry. This is often done through impersonation of local authority workers or utility workers.

Intention to commit a crime

For an offence of burglary to be established, it must be demonstrated that an offender had the intention to carry out the crime. Burglary will not have been committed if the individual enters the property with the intention to repossess an item that they genuinely believes belongs to them.

Potential Penalties and Sentences for Burglary Offenders

The maximum sentence that can be passed to an individual who is convicted of burglary, as set out in the Theft Act, is as follows:

• 14 years if the burglary was committed in a building that is a dwelling
• 10 years if the burglary was carried out in any other building

Other legislation, namely the Crime (Sentences) Act 1997 sets out that a minimum term of 3 years should be given to any third-time domestic burglary offenders unless it can be demonstrated that there were exceptional circumstances in such a case.