Aggravated burglary

s.10 Theft Act 1968 · Crown Court

Sentencing framework

The guideline for aggravated burglary establishes a structured approach to sentencing, categorizing offences based on culpability and harm. Sentences range from 1 to 13 years of custody, with statutory minimums for certain cases. Aggravating factors, such as previous convictions or the presence of a weapon, can increase the sentence, while mitigating factors, like remorse or a lesser role in the crime, may decrease it.

Maximum sentence

Life imprisonment

Court

Crown Court

Starting point

Not specified

Offence range

1 – 13 years’ custody

Aggravating factors

·Previous convictions
·Offence committed while on bail
·Offence motivated by hostility based on characteristics of the victim
·Weapon carried when entering premises
·Use of face covering or disguise
·Offence committed in a dwelling
·Child at home when offence committed
·Offence committed in a domestic abuse context
·Offence committed at night
·Abuse of power and/or position of trust
·Restraint or additional degradation of the victim
·Vulnerable victim
·Victim compelled to leave their home
·Offence committed as part of a group
·Offences taken into consideration
·Any steps taken to prevent the victim reporting the incident

Mitigating factors

·Nothing stolen or only property of low value to the victim
·Offender has made voluntary reparation to the victim
·Offender was in a lesser or subordinate role
·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character or exemplary conduct
·Determination to address addiction or offending behaviour
·Physical disability or serious medical conditions
·Mental disorder or learning disability
·Age and/or lack of maturity
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determining the offence category
Step 2 — Starting point and category range
Step 3 — Minimum terms
Step 4 — Consider any factors which indicate a reduction for assistance to the prosecution
Step 5 — Reduction for guilty pleas
Step 6 — Dangerousness
Step 7 — Totality principle
Step 8 — Compensation and ancillary orders
Step 9 — Reasons
Step 10 — Consideration for time spent on bail (tagged curfew)

Guideline notes

This offence is subject to statutory minimum sentencing provisions. If the custodial threshold has been passed, the court should ask the following three questions: Is it unavoidable that a custodial sentence be imposed? What is the shortest term commensurate with the seriousness of the offence? Can the sentence be suspended?

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.