Theft, burglary and robbery
Non-domestic burglary
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (with limited exceptions)
- Maximum penalty
- 10 years' custody
Actus reus
- Enter a building or part of a building that is not a dwelling as a trespasser.
- With intent to steal, inflict GBH or do unlawful damage (s.9(1)(a)), or having entered as trespasser, steal/attempt those offences (s.9(1)(b)).
Mens rea
- Knowledge or recklessness as to trespass.
- Intent for ulterior offence (s.9(1)(a)) or mens rea for ulterior offence when inside (s.9(1)(b)).
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 · No ulterior intent · Deny entry / identification · Permission to enter
Sentencing Council
Sentencing Council guideline effective 1 July 2022. Offence range: discharge to 5 years' custody.
At the police station
Commercial/outbuilding burglaries. Confirm building type and whether anyone was present. Distinguish from domestic burglary guideline.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
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 ↗