Burglary

Question 1

Does burglary require theft?

Answer 1

No. Burglary doesn’t require theft. There can be burglary without theft.

Question 2

What legislation covers burglary?

Answer 2

Section 9 of the Theft Act 1968

Question 3

What offence is covered under section 9 of the Theft Act 1968?

Answer 3

Burglary

Question 4

Tom invites Bill, his neighbour, into his house for breakfast. Whilst Toms back is turned Bill notices some cash under a newspaper and takes it. Is this burglary?

Answer 4

No. Bill was invited in so didn’t enter as a trespasser. It could be considered theft if Bill does not return the money.

Question 5

Craig is at a public museum and enters a room marked ‘private’. In there is a prop room where he notices a dagger he likes and takes it. He then leaves the room when staff tell him he shouldn’t be in there. Is this burglary?

Answer 5

Yes. Under 9 (1) (b) as he went into a room he should have known he was not allowed (‘private’ sign) and thus became a trespasser. He then stole the dagger (completed S1 theft).