Burglary and Commercial Burglary

Burglary, despite what the newspapers may say, is viewed by the courts as a serious offence. When someone is accused of burglary of a house or even of a commercial property, a serious court case can follow, and bail is often refused in the meantime. Defendants are often themselves vulnerable adults or even children. During investigations for commercial burglary, defendants can find themselves targeted by intense police investigations and long bail periods before charge, adding to the stress of the proceedings.

For anyone who is accused of burglary or has a family member facing a burglary case, we have included a recent case study and also a basic guide to the different forms of burglary and how they are treated in the criminal courts.

Case Study 1

Our client was accused of being involved in a serious of professional burglaries at commercial premises. In each burglary, high value computer equipment was stolen. A man matching the description of our client was identified by a witness near the scene, and also on CCTV footage. Our client owned a local business which traded in similar items to those stolen. Some items seized from his premises were identical in appearance, but there were no records of the stolen items’ serial numbers. Our client was an obvious target for suspicion because he was well known as the main second hand computer trader in the community.

There was no physical evidence that actually proved our client’s guilt, and this formed the basis of our defence. The CCTV footage was not high quality, and the witness ‘identification’ of our client had taken place at night so was not difficult to discredit. We called several of our client’s close friends and associates to be character witnesses, and continually emphasised the fact that our client was a respectable man with no record of criminality, whilst systematically attacking the weak prosecution evidence.

Verdict: Not Guilty

The Law on Burglary

This offence is made out when a person is trespassing and enters a property in order to steal, to cause GBH (see GBH section on left of screen) or to commit unlawful damage, or enters as a trespasser and then steals, attempts to steal or causes or attempts to cause GBH.

This offence is most often committed when a person enters a dwelling building as a trespasser with the intention of either stealing, inflicting Grievous Bodily Harm or committing Unlawful Damage.  It can also be committed where a person having entered a dwelling building as a trespasser actually goes on to steal or attempt to steal or inflict or attempt to inflict Grievous Bodily Harm.

Even if a person enters a house through an open door, if he or she does not have permission to be there, then he or she is a trespasser. If he or she is coming to steal or to damage property etc., then he or she is guilty of burglary.

A burglary case can take place either in the Magistrates or the Crown court, depending on where the prosecution and defence wish it to take place. The defendant can always choose trial in the Crown Court in front of a jury if he or she wants to.
 
Sentencing
The maximum sentence that can be imposed by a Crown Court for this offence is a 10 year prison sentence or 14 years if it is of a building where people live (a dwelling). This length of sentence is usually given for only the most serious burglaries.

A Magistrates Court can sentence a person to a maximum of 6 months and/or a fine of up to £5,000, although fines are rare.

For Aggravated Burglary (burglary where the defendant has a knife or gun etc. on him), the maximum sentence is life imprisonment.

A minimum custodial sentence of 3 years must be imposed by a court where a person aged 18 or over is convicted of a third (domestic burglary). For this to apply, all 3 offences must have been committed after the 30th November 1999. This minimum sentence is not mandatory where there is a good reason why it would be unfair to impose it.

For all types of burglary – certain factors make the offence more serious, and other factors make it less serious.

Factors which make the offence more serious include:

• Use or threats of force
• More than one person being involved in the burglary
• A high value of things stolen (either in terms of money or sentimental terms)
• If the burglary has been professionally organised
• Any significant damage, vandalism, or evidence of racial motivation
• If the victim was either present, vulnerable, and/or injured
• If it is a commercial burglary, the business being harmed financially

Factors which make the offence less serious include:

• Whether it is a person’s first offence
• A low value of the things stolen
• No significant damage or disturbance
• No injury or violence involved
• The person playing a minor part in the burglary
• The offence being committed in a vacant property

Preparation in Burglary Cases

In burglary cases, as with most criminal cases, the main issues are whether the prosecution case can be challenged, and if it cannot, what can be said to mitigate to keep the sentence down. Work must be done with the client to establish how much of the case can be challenged, and where possible, forensic evidence must be analysed by experts instructed by the defence.

For information on forensic evidence in general please see the section on evidence in the Robbery/Armed Robbery section on the menu bar on the left of this screen.

Further note

Burglary of any kind is a serious offence. If you or a family member has been charged with it, then we are happy to speak to you.