Theft, burglary and robbery
Burglary
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (with limited indictable-only dwelling cases — check current triability)
- Maximum penalty
- 14 years' custody (dwelling); 10 years (other buildings)
Actus reus
- Enter any building or part of a building as a trespasser.
- With intent to steal, inflict GBH, or do unlawful damage (s.9(1)(a)); OR having entered as trespasser, steal/attempt GBH/unlawful damage (s.9(1)(b)).
- Building includes inhabited vehicles/vessels (s.9(4)).
Mens rea
- Knowledge or recklessness as to trespass at time of entry.
- For s.9(1)(a): intent at time of entry; for s.9(1)(b): mens rea for the ulterior offence when inside.
Verified case law
R v Walkington[1979] 1 WLR 1169
Entering a part of a building beyond permitted areas can be entry as a trespasser if the defendant knew or was reckless.
R v Collins[1973] QB 100
Entry as a trespasser requires knowledge or recklessness as to lack of permission; mistaken belief in consent may negate trespass.
Defences
No trespass (permission to enter) · No intent for ulterior offence (s.9(1)(a)) · Deny entry / identification · Inside building but not as trespasser
Sentencing Council
Revised domestic burglary guideline effective 1 July 2022 (offence range community order to 6 years). Separate non-domestic burglary guideline also exists. Third domestic burglary may trigger minimum sentencing provisions.
At the police station
Establish whether dwelling/non-dwelling, time of day, occupants present, and value of goods. Distinction from simple theft — trespass element is key.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Related offences
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Theft Act 1968, s.9 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗