Burglary (Theft offences - Core principles of criminal liability)

Question 1

Under which statutory provision is the offence of burglary defined?

Answer 1

Section 9 of the Theft Act 1968.

Question 2

What are the two main forms of burglary outlined under Section 9 of the Theft Act?

Answer 2

(1) Entering a building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or cause unlawful damage (Section 9(1)(a));

(2) Entering as a trespasser and then actually stealing or inflicting grievous bodily harm (Section 9(1)(b)).

Question 3

What three offences must a person intend to commit to be guilty of burglary under Section 9(1)(a)?

Answer 3

Either Theft, infliction of grievous bodily harm, or unlawful damage to property.

Question 4

What distinguishes Section 9(1)(a) burglary from Section 9(1)(b) burglary?

Answer 4

Section 9(1)(a) requires the intent to commit a listed offence upon entry, whereas Section 9(1)(b) requires the actual commission of the offence after entry.

Question 5

Does a person need to commit theft or harm to be guilty under Section 9(1)(a)?

Answer 5

No, entry as a trespasser with intent to commit one of the listed offences is enough.

Question 6

What legal status must the person have in relation to the building for burglary to be committed?

Answer 6

They must enter the building or part of it as a trespasser.

Question 7

What is the maximum sentence for burglary of a dwelling?

Answer 7

14 years’ imprisonment.

Question 8

What is the maximum sentence for burglary of a non-dwelling (e.g., commercial property)?

Answer 8

10 years’ imprisonment.

Question 9

In the context of burglary, how is “trespasser” legally understood?

Answer 9

A person who enters without permission or legal authority, or who exceeds the permission given.

Question 10

Can burglary occur even if the trespasser causes no physical harm or takes no property?

Answer 10

Yes, if they entered with the intent to commit theft, GBH, or damage, it qualifies under Section 9(1)(a).

Question 11

Is burglary considered an indictable-only or either-way offence?

Answer 11

is an either way except except in the following circumstances, when it is indictable only:

1. the offence committed (or intended) is indictable only.
2. the burglary was in a dwelling and any person in the dwelling was subjected to violence or the threat of violence (Schedule 1, paragraph 28 of the Magistrates’ Courts Act 1980); or

Question 12

Does burglary require forced entry into a building?

Answer 12

No, burglary only requires unauthorised entry as a trespasser with the requisite intent or subsequent action.