Burglary
Burglary is entering a building, or part of one, as a trespasser, either intending to steal, cause grievous bodily harm or do unlawful damage, or then stealing or inflicting grievous bodily harm. Burgling a home is treated more seriously, and aggravated burglary involves a weapon.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Domestic burglary, Non-domestic burglary, Aggravated burglary, Breaking and entering, Housebreaking |
|---|---|
| The law | Theft Act 1968, section 9 |
| Where it is tried | burglary is usually triable either way, but domestic burglary is indictable only where anyone in the home was subjected to violence or threats, where it involves intent to commit an indictable-only offence, or where it would be a third qualifying domestic burglary; aggravated burglary is indictable only. |
| Maximum penalty | Burglary of a dwelling: 14 years' imprisonment. Burglary of other buildings: 10 years. Aggravated burglary: life imprisonment. In the magistrates' court the maximum for a single either-way offence is 12 months' imprisonment (Sentencing Act 2020, s.224). A third domestic burglary by an adult carries a minimum of 3 years' custody unless there are exceptional circumstances (Sentencing Act 2020, s.314). |
| Sentencing guideline | Sentencing Council: Domestic burglary |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant entered a building or part of a building (including an inhabited vehicle or vessel) as a trespasser, meaning without permission or beyond the permission given.
- The defendant knew they were trespassing or was reckless about it.
- Either they entered intending to steal, inflict grievous bodily harm or do unlawful damage (s.9(1)(a)), or having entered they stole or attempted to steal, or inflicted or attempted to inflict grievous bodily harm (s.9(1)(b)).
- Whether the building was a dwelling (someone's home) affects the maximum sentence.
- Aggravated burglary (s.10): at the time of the burglary the defendant had with them a firearm or imitation firearm, a weapon of offence or an explosive.
Defences and common issues
- No trespass: the defendant had permission to enter that part of the building, or honestly believed they did.
- No relevant intent at the time of entry, and no theft or grievous bodily harm after entering.
- Identification, which is often based on forensic, CCTV or phone evidence and may be disputed.
- For aggravated burglary, the defendant did not have a weapon with them at the time of entry or of the theft or attack.
Frequently asked questions
Is it burglary if nothing was stolen?
Yes, it can be. Under section 9(1)(a) of the Theft Act 1968, burglary is complete as soon as someone enters a building as a trespasser intending to steal, inflict grievous bodily harm or do unlawful damage, even if they leave empty-handed. The prosecution has to prove that intention, often from evidence such as forced entry, tools, gloves or what the person was doing inside. If there was no such intention, it may instead be a trespass or damage matter.
Is going into someone's shed or garage to steal burglary?
Yes, it can be. A shed, garage or outbuilding is a building, so entering it as a trespasser to steal can be burglary. Whether it counts as a dwelling, which carries a higher maximum of 14 years instead of 10, depends on the facts, such as whether it is part of or closely connected to the home. Entering a shop during opening hours is normally with permission, but going into a staff-only area to steal can be burglary.
What is aggravated burglary?
Aggravated burglary is a burglary where the offender has with them a firearm or imitation firearm, a weapon of offence or an explosive at the time of the burglary (Theft Act 1968, s.10). A weapon of offence includes anything made, adapted or intended for causing injury or incapacitating someone, so an ordinary item like a screwdriver can count if carried for that purpose. Aggravated burglary can only be tried in the Crown Court and the maximum is life imprisonment.
What is the minimum sentence for a third burglary?
Where an adult is convicted of a third domestic burglary, and the earlier ones meet the rules in section 314 of the Sentencing Act 2020, the court must impose at least 3 years' custody. For offences committed on or after 28 June 2022, the court can only depart from this if there are exceptional circumstances. A guilty plea can reduce the minimum by no more than 20 per cent. Because of this minimum, such a case can only be tried in the Crown Court.
Do I have to answer police questions if I am arrested for burglary?
You do not have to answer police questions, and you have the right to free and independent legal advice at the police station at any time. However, in England and Wales a court may draw an adverse inference if you later rely on a fact in your defence that you could reasonably have mentioned in interview (Criminal Justice and Public Order Act 1994, ss.34 to 38). Whether to answer questions, give a prepared statement or say 'no comment' is something a solicitor can advise on before the interview.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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