Theft, burglary and robbery
Robbery — dwelling
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment
Actus reus
- Same offence as robbery: steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of then-and-there force (Theft Act 1968, s.8(1)).
- This page is the dwelling-robbery guideline split, not a different statute.
Mens rea
- Mens rea for theft, and the force or putting in fear must be used in order to steal.
Defences
Deny theft · No force or threat of then-and-there force · Force not in order to steal · Deny identification / presence in the dwelling
Sentencing Council
Sentencing Council guideline effective 1 April 2016. Offence range: 1 year’s custody – 16 years’ custody.
At the police station
Confirm it is a dwelling on the facts (the guideline, not an extra element). Sequence of force and appropriation still matters — read the CPS Theft Act note.
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.8 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗