Domestic burglary

s.9 Theft Act 1968 · Crown Court / Magistrates

Sentencing framework

The guideline for domestic burglary categorizes offences based on culpability and harm. It outlines maximum sentences and typical starting points for different levels of seriousness. Aggravating and mitigating factors are considered to adjust the sentence within established ranges, reflecting the context of the crime and the offender's circumstances.

Maximum sentence

14 years’ custody

Court

Crown Court / Magistrates

Starting point

3 years’ custody

Offence range

Community order - 6 years’ custody

Aggravating factors

·Previous convictions
·Offence committed while on bail
·Offence motivated by hostility based on victim's characteristics
·Child at home when offence committed
·Offence committed in a domestic abuse context
·Offence committed at night
·Restraint or additional degradation of the victim
·Vulnerable victim
·Victim compelled to leave their home
·Offence committed as part of a group
·Offence taken into consideration

Mitigating factors

·Offender has made voluntary reparation to the victim
·No previous convictions or relevant/recent convictions
·Remorse
·Positive character or exemplary conduct
·Determination to address addiction or offending behavior
·Physical disability or serious medical condition requiring treatment
·Age or lack of maturity
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult or deprived background or personal circumstances
·Prospects of 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.

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.