Robbery
Robbery in Scotland is a common law crime: stealing property by using violence, or threats of violence, to overcome the victim. It is usually charged as 'assault and robbery' and is one of the most serious crimes of dishonesty, often tried before a jury or in the High 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 | Assault and robbery, Armed robbery, Mugging, Assault with intent to rob |
|---|---|
| The law | Common law of Scotland |
| Where it is tried | robbery cannot be tried in the JP court. It can be prosecuted under summary procedure in the sheriff court, but is usually prosecuted under solemn procedure before a sheriff and jury or, for armed or very serious robberies, in the High Court. |
| Maximum penalty | Robbery is a common law crime, so there is no single statutory maximum: the limit depends on the court that deals with it. JP court: up to 60 days' imprisonment and/or a fine of up to £2,500. Sheriff court under summary procedure: up to 12 months' imprisonment and/or a fine of up to £10,000. Sheriff and jury (solemn procedure): up to 5 years' imprisonment and/or an unlimited fine, and the sheriff can remit (send) the case to the High Court for sentence if more is merited. High Court of Justiciary: up to life imprisonment and/or an unlimited fine. The JP court has no jurisdiction over robbery, so the lowest court is the sheriff court. |
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
- That the accused stole property, so all the elements of theft are present
- That violence, or threats of immediate violence, were used to obtain the property
- That the violence or threat was used to get the property, before or at the time of the taking; force used only afterwards, for example to escape, may instead be charged as theft and assault
- That the accused is identified by corroborated evidence; where people act together, each can be guilty 'art and part'
Defences and common issues
- No violence or threats: arguing that the property was taken without force or intimidation, which would make it theft rather than robbery.
- Identification, alibi or incrimination, the last two being special defences requiring notice before trial.
- No intention to steal, for example a genuine claim of right, although using violence can still be charged as assault.
- Self-defence in relation to the violence alleged.
Frequently asked questions
What is the difference between robbery and theft in Scotland?
Theft is taking someone else's property without consent, intending to deprive them of it. Robbery is theft carried out by using violence or threats of violence to overcome the victim. The violence must be used to get the property; if someone steals quietly and only uses force later to escape, the prosecutor may charge theft and assault instead. Because of the violence involved, robbery is treated far more seriously and cannot be tried in the JP court.
Is it robbery if nobody was hurt?
Yes, it can be. Robbery does not require injury. Threatening immediate violence, for example by presenting a knife or what appears to be a weapon, or threatening to attack someone unless they hand over property, is enough if the property is taken as a result. The level of violence or threat affects how seriously the case is viewed and which court deals with it, but even a robbery without injury is usually prosecuted under solemn procedure.
What is assault with intent to rob?
Assault with intent to rob is charged where someone uses violence or threats to try to steal property but does not actually obtain anything. It is a crime in its own right in Scots law. Section 5(4) of the Criminal Procedure (Scotland) Act 1995 specifically allows it, like robbery, to be prosecuted summarily in the sheriff court. More serious cases are prosecuted on indictment before a jury.
Is carrying a weapon during a robbery a separate offence?
It can be. As well as the robbery charge, the prosecution may bring charges of having an offensive weapon in a public place under section 47 of the Criminal Law (Consolidation) (Scotland) Act 1995, or a bladed or pointed article under section 49. Each carries up to five years' imprisonment on indictment. Using or showing a weapon also makes the robbery itself more serious, and armed robberies are commonly prosecuted in the High Court, where sentencing powers extend to life imprisonment.
Can I be guilty of robbery if someone else used the violence?
Yes. Under the Scots law principle of 'art and part' guilt, everyone who takes part in a crime as part of a common plan, or who joins in spontaneously and shares the criminal purpose, can be convicted of it, even if they did not personally use violence or take the property. Acting as a lookout or getaway driver can be enough. Whether someone was acting in concert with others depends on the evidence, and a solicitor can advise on this.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Scottish Government: Scottish Crime Recording Standard, Group 1 (non-sexual crimes of violence)
- Scottish Sentencing Council: Maximum and minimum sentences
- Criminal Procedure (Scotland) Act 1995, Part I (jurisdiction and sentencing powers of the courts)
- Judicial Office for Scotland: The Judiciary in Scotland (criminal courts information sheet)
- Criminal Law (Consolidation) (Scotland) Act 1995, section 49
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