Robbery
Robbery is stealing from someone and, immediately before or at the time, using force on any person or putting or trying to put them in fear of force, in order to steal. It is one of the most serious property offences and can only be tried in the Crown Court.
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 | Mugging, Street robbery, Armed robbery, Assault with intent to rob |
|---|---|
| The law | Theft Act 1968, section 8 |
| Where it is tried | indictable only. After a first hearing in the magistrates' court, the case is sent to the Crown Court, where any trial is before a judge and jury. |
| Maximum penalty | Life imprisonment (Theft Act 1968, s.8(2)). The same maximum applies to assault with intent to rob. |
| Sentencing guideline | Sentencing Council: Robbery - street and less sophisticated commercial |
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 committed theft: dishonest appropriation of property belonging to another with intent to permanently deprive.
- Immediately before or at the time of the theft, the defendant used force on any person, or put or sought to put any person in fear of being then and there subjected to force.
- The force or threat was used in order to steal, not for some unrelated reason.
- Assault with intent to rob, charged under the same section, covers cases where the theft was not completed.
Defences and common issues
- No theft, for example because the defendant genuinely believed they had a legal right to the property, which also defeats a robbery charge.
- The force was not used in order to steal or was not used immediately before or at the time of the theft, which may make theft and a separate assault the correct charges.
- Identification, which is frequently disputed in street robberies.
- Duress, in limited circumstances where the defendant was forced to act by threats of death or serious injury.
Frequently asked questions
What is the difference between robbery and theft?
Robbery is theft plus force or the threat of force. If someone steals using force on a person, or makes someone fear force will be used there and then, in order to steal, it is robbery rather than theft. Robbery is far more serious: it can only be tried in the Crown Court and carries a maximum of life imprisonment, whereas theft is triable either way with a maximum of 7 years.
Is snatching a phone or bag robbery?
It can be. Courts have held that force applied to property, such as wrenching a bag from someone's grip so that their hand is pulled, can be force on the person and so amount to robbery. A snatch with little or no contact with the victim, such as lifting a phone off a table, is more likely to be charged as theft. The line depends on the facts, and prosecutors look at the degree of force and any threats.
Is it robbery if no weapon was used?
Yes. A weapon is not required. Robbery only needs force, or putting or trying to put someone in fear of immediate force, in order to steal. A push, a threat to hit someone or a menacing demand for money can be enough. The use or production of a weapon makes the offence more serious for sentencing, and having a firearm or imitation firearm can lead to additional charges.
What is the maximum sentence for robbery?
The maximum sentence for robbery is life imprisonment. Most sentences are far lower and are set using the Sentencing Council's robbery guidelines, which are divided into street and less sophisticated commercial robbery, robbery in a dwelling, and professionally planned commercial robbery. They take into account the level of harm, whether a weapon was used or threatened, and the offender's culpability. Robbery is a specified violent offence for dangerous offender sentencing.
Do I have to answer police questions if I am arrested for robbery?
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.
Charged or under investigation? Ask LawBot a general question, or find a criminal defence solicitor near you.
Ask LawBot →