Burglary

Burglary in UK law is a serious offence defined under the Theft Act 1968. There are two types of burglary: domestic burglary and non-domestic burglary. The offence involves entering a building or part of a building with the intent to commit certain crimes.

Key elements of burglary:

1. Entry:
   • The person must enter a building or part of a building. Entry doesn’t have to be through a door; it could be through a window, chimney, or any opening.
   • The entry must be unauthorised (i.e., the person has no right or permission to be there).
2. Building or Part of a Building:
   • The place entered must be a building or part of a building. This could be a house, shop, office, warehouse, or even a shed.
   • The term building is interpreted broadly in law and can include things like mobile homes or vessels in certain cases.
3. Intent to Commit an Offence:
   • The person must have the intent to commit one of the following crimes:
     • Theft
     • Criminal damage
     • Grievous bodily harm (GBH) or serious injury
   • If someone enters a building and steals something, damages property, or intends to cause harm, they are committing burglary.

Types of Burglary:

1. Residential Burglary (Domestic Burglary):

This involves entering a dwelling (a building used as a home) with the intent to commit one of the above crimes. It’s a more serious offence due to the violation of the home and the potential for violence or psychological harm.

2. Non-Domestic Burglary:

This is when the building is not a dwelling. It could be a shop, warehouse, or any other non-residential structure.

• Going Equipped: If someone is found to have tools or equipment with the intent to commit burglary, they can be charged with “going equipped.” This is an additional offence and can lead to further penalties.
• Aggravated Burglary: This is a more serious form of burglary where the offender carries a weapon (such as a firearm or a weapon used to cause harm) during the commission of the burglary. It carries a maximum sentence of life imprisonment.
• Burglary with Violence: If the offender uses force or threatens to use force, it may also increase the seriousness of the charge.

Defences to Burglary:

• Lack of Intent: If the person didn’t intend to commit theft, damage, or harm at the time of entering, it may be a defence to burglary.
• Mistaken Identity: If the person was genuinely not involved, it could be a defence.

Burglary is a criminal offence with severe consequences in UK law, as it involves breaching someone’s security and privacy, often leading to both physical and emotional harm.