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Domestic burglary

s.9 Theft Act 1968 · Triable either way

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Sentencing framework

The guideline for domestic burglary focuses on the seriousness of the offence based on the level of culpability and harm inflicted. The court assesses these factors to determine the appropriate category and sentence, ranging from community orders to custodial sentences, depending on the circumstances of the case and the offender's history.

Maximum sentence

14 years’ custody

Court

Triable either way

Starting point

3 years’ custody

Offence range

Community order - 6 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Child at home when offence committed
  • ·Offence motivated by hostility
  • ·Offence committed at night
  • ·Restraint, detention or additional degradation of the victim
  • ·Vulnerable victim

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Good character or exemplary conduct
  • ·Physical disability or serious medical condition
  • ·Determinative steps taken to address addiction or offending behaviour
  • ·Age and/or lack of maturity
  • ·Sole or primary carer for dependent relatives

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

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

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.