Burglary

Question 1

What is the definition of burglary?

Answer 1

Involves a person entering a building or part of a building intending to commit an offence (theft, GBH or unlawful damage) or once inside, attempting or committing an offence (theft or GBH)

Question 2

Which section of legislation is burglary under?

Answer 2

Section 9 of the Theft Act 1968

Question 3

What is Section 9(1)(a) the Theft Act 1968 in relation to burglary?

Answer 3

Focuses on the circumstance where a person has entered a building or premises with an intent to commit an offence

No offence is committed in the section, there only needs to be intent

Question 4

What is Section 9(1)(b) the Theft Act 1968 in relation to burglary?

Answer 4

Focuses on circumstances where a person has entered as a trespasser and has either stolen or committed GBH or both.

Law will be applied whether or not the trespasser intended to cause harm when they entered

Question 5

What are the points to prove for burglary?

Answer 5

• The building or part of it has been entered
• The person who entered is considered a trespasser
• The trespasser entered with the intent to steal, inflict GBH or commit criminal damage

Question 6

What type of offence is burglary?

Answer 6

Either way offence

Question 7

What is the maximum sentence for burglary?

Answer 7

Crown Court:

• Up to 14 years when offence was committed in a dwelling
• Other cases 10 years

Magistrates Court: Up to 6 months and/or fine