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Non-domestic burglary

s.9 Theft Act 1968 · Both

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Sentencing framework

The guideline for non-domestic burglary involves categorizing the offence based on culpability and harm. Courts are to start with a defined starting point based on the seriousness of the offence, taking into account aggravating and mitigating factors. The maximum sentence is 10 years, with a range from discharge to 5 years custody. The appropriateness of community orders and custodial sentences is also explored, emphasizing rehabilitation and the offender’s circumstances.

Maximum sentence

10 years’ custody

Court

Both

Offence range

Discharge – 5 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence motivated by hostility based on victim characteristics
  • ·Abuse of a position of trust
  • ·Vulnerable victim
  • ·Offence committed in a domestic abuse context
  • ·Offence was committed as part of a group

Mitigating factors

  • ·Offender has made voluntary reparation to the victim
  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Sole or primary carer for dependent relatives
  • ·Pregnancy, childbirth and post-natal care

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 — establishing culpability and harm
  3. Step 3 — using the starting point and category range for sentencing
  4. Step 4 — considering mitigating and aggravating factors
  5. Step 5 — reducing for any assistance to prosecution
  6. Step 6 — reduction for guilty pleas
  7. Step 7 — assessing dangerousness if applicable
  8. Step 8 — totality principle for offences
  9. Step 9 — considering compensation and ancillary orders

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.