<p>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.</p>
<p>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.</p>
<p><img src="https://localsolicitorspace.ams3.cdn.digitaloceanspaces.com/guide/burglary-laws.jpg" alt="Burglary Laws" width="805" height="450" /></p>
<h2>What is burglary?</h2>
<p>There are two different types of a burglary offence as outlined in the <a href="http://www.legislation.gov.uk/ukpga/1968/60/section/9" target="_blank">Theft Act 1968</a>. The Act sets out that a person will be guilty of an offence in the following circumstances:</p>
<ul>
<li>If they trespass on a property or any part of a building with the intention of stealing, inflicting <a href="https://www.localsolicitors.com/criminal-guides/common-assault-abh-and-gbh">GBH (grievous bodily harm)</a> or to carry out unlawful damage whilst inside.</li>
<li>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.</li>
</ul>
<h2>How is an offence of burglary established?</h2>
<p>In order to prove that an offence of burglary has been committed, the following will need to be established:</p>
<ul>
<li>The offender entered the building</li>
<li>That the entry was made into a building or to a part of the building</li>
<li>The entry was made as a trespasser</li>
<li>The offender entered with intent</li>
</ul>
<p>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.</p>
<h2>What does the law mean by a &lsquo;part of a building'?</h2>
<p>Section 9 of the Act refers to &lsquo;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.</p>
<p>The act acknowledges the variety of scenarios that burglary can be conducted in and as such, makes reference to specific terms including:</p>
<h3>Distraction Burglary</h3>
<p>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.</p>
<h3>Intention to commit a crime</h3>
<p>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.</p>
<h2>Potential Penalties and Sentences for Burglary Offenders</h2>
<p>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:</p>
<ul>
<li>14 years if the burglary was committed in a building that is a dwelling</li>
<li>10 years if the burglary was carried out in any other building</li>
</ul>
<p>Other legislation, namely the <a href="http://www.legislation.gov.uk/ukpga/1997/43/section/29" target="_blank">Crime (Sentences) Act 1997</a> 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.</p>
<h2>Aggravated Burglary</h2>
<p>An individual can be found guilty of aggravated burglary if they carry a weapon at the time of committing the offence. A court may find the person guilty of aggravated burglary, rather than &lsquo;standard&rsquo; burglary, if they were carrying a weapon or an article that was made or had been adapted for use as a weapon. This is a more serious crime and carries a stronger penalty.</p>
<h2>Possible Defences against Burglary</h2>
<p>There are many defences that can be made in a case of burglary, though the accused will need to produce a strong case and compelling evidence to be successful.</p>
<p>Some of the potential defences include:</p>
<h3>Being Innocent</h3>
<p>The most obvious defence - and the most used - is that of claiming actual innocence. This is where the defendant attempts to convince the court that they didn&rsquo;t commit the burglary.</p>
<p>It is the prosecution's job to prove that the defendant is guilty beyond a reasonable doubt, and so the defendant would need to make the jury certain that they were innocent or otherwise plant sufficient doubt that they are not able to give a guilty verdict. This might be done by suggesting faults in the prosecution's evidence, creating doubt about the lack of biological evidence available, or proving that they had the owners authorisation to be in the property.</p>
<h3>Challenging Whether a Crime was Committed</h3>
<p>Another defence attempt that some defendants try is to argue that their actions did not even amount to a crime. Some defendants suggest that they had consent to be in the property from the owner, so they didn&rsquo;t break in.</p>
<h3>Lack of Intent</h3>
<p>To be found guilty of burglary, the court must be satisfied that the defendant had the intention to commit the crime once they entered the building or premises. If intent cannot be proven, the defendant could lean on this as a defence.</p>
<h3>Entrapment</h3>
<p>The defendant might suggest that they had been entrapped by arguing that someone had convinced them to commit the crime and had they not, the defendant would never have acted in that way. This is a very tough defence to make successfully, unless the defendant has specific evidence to support it.</p>

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,...

This guide explains UK burglary laws under the Theft Act 1968, including what is burglary, the maximum sentence and how a charge of burglary is proven.