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Section 9 Theft Act 1968

(1) A person is guilty of burglary if-
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm therein, and of doing unlawful damage to the building or anything therein.
(3) A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—
(a)where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;
(b) in any other case, ten years.
(4) References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.
Sexual Offences Act 2003: Trespass with intent to commit a sexual offence

Section 63 makes it an offence for A to intend to commit a "relevant sexual offence" (defined at subsection (2) of section 62) whilst he is on any premises where he is a trespasser, either knowing, or being reckless as to whether, he is trespassing. A person is a trespasser if he is on any premises without the owner's or occupier's consent, or other lawful excuse. This offence is intended to capture, for example, the situation where a person (A) enters a building owned by (B), or goes into (B's) garden or garage without (B's) consent, and he intends to commit a sexual offence against the occupier. The offence applies regardless of whether or not the substantive sexual offence is committed. (A) will commit the offence if he has the intent to commit a relevant sexual offence at any time while he is a trespasser. The intent is likely to be inferred from what the defendant says or does to the intended victim (if there is one) or from items in possession of the defendant at the time he commits the trespass (for example, condoms, pornographic images, rope etc.). A separate offence is needed to cover trespass (as opposed to relying on section 62) because trespass is a civil tort and not a criminal offence.

Section 9 of the Theft Act 1968 creates two offences

Section 9 of the Theft Act (1968) creates two offences

  • Entry as a trespasser in any building or part of building with the intention of stealing, inflicting GBH or unlawful damage therein (section 9(1)(a) of the 1968 Act
  • Having entered as a trespasser any building or part of a building stealing, attempting to steal or inflicting or attempting to inflict GBH on any person therein (section 9(1)(b) of the Theft Act 1968.

Burglary is an offence, which carries a maximum penalty on conviction on indictment of imprisonment for fourteen years and/or an unlimited fine if the offence is committed in relation to a building or part of a building, which is a dwelling. Otherwise the maximum penalty is ten years and/or an unlimited fine. On summary conviction, the maximum penalty is imprisonment for six months and/or a fine up to the statutory maximum.

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

  • it comprises the commission of, or an intention to commit, an offence which is triable only on indictment;
  • the offence is committed in a dwelling and any person in the dwelling was subjected to violence or the threat of violence - section 17(1) and paragraph 28 of 1 Magistrates' Court Act 1980
  • the accused, if convicted, is liable to a minimum term of imprisonment for a period of three years under the provisions of 111 section 111 Powers of Criminal Courts (Sentencing) Act 2000]. This applies when the accused is alleged to have committed a domestic burglary after 30 November 1999 and he has two convictions on separate occasions for domestic burglaries, both of which were committed after 30 November 1999, and s/he was 18 or over at the date of commission of the third burglary.

Criminal Law