Is there a minimum sentence for repeat burglars?

Yes — a THIRD qualifying domestic burglary (the offender was 18 or over at the index offence, and has two previous domestic-burglary convictions, the second committed after conviction for the first) attracts a minimum of 3 years' imprisonment under Sentencing Act 2020 s.314, unless there are circumstances that make it unjust to impose it. For index offences on or after 28 June 2022, that escape test was tightened to EXCEPTIONAL circumstances (Police, Crime, Sentencing and Courts Act 2022).

Burglary

The offence of burglary under s.9 Theft Act 1968 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence including the third-strike domestic-burglary minimum, and the arrest and search powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for burglary under s.9 Theft Act 1968?

Burglary (s.9 Theft Act 1968) has two limbs: s.9(1)(a) — entering a building or part of a building as a trespasser with intent to steal, inflict GBH, or do unlawful damage; and s.9(1)(b) — having entered as a trespasser, stealing or attempting to steal, or inflicting or attempting to inflict GBH.

Burglary is triable either way, except where the burglary comprises the commission of, or an intention to commit, an offence triable only on indictment, or is a burglary in a dwelling where a person in the dwelling was subjected to violence or the threat of violence — those are indictable only (Magistrates' Courts Act 1980 Schedule 1 para 28). The maximum on conviction on indictment is 14 years' imprisonment where the offence was committed in respect of a dwelling (s.9(3)(a)), or 10 years in any other case (s.9(3)(b)).

All offence cards

Burglary is defined by s.9 Theft Act 1968 in two limbs: s.9(1)(a), entering a building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or do unlawful damage; and s.9(1)(b), having entered as a trespasser, stealing or attempting to steal, or inflicting or attempting to inflict grievous bodily harm. The statutory words are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.9 Theft Act 1968

Mode of trial

Triable either way — EXCEPT indictable only where the burglary comprises the commission of, or an intention to commit, an offence triable only on indictment, or is a burglary in a dwelling where a person in the dwelling was subjected to violence or the threat of violence (Magistrates' Courts Act 1980 Schedule 1 para 28).

Maximum sentence

14 years' imprisonment where the offence was committed in respect of a dwelling (s.9(3)(a) Theft Act 1968); 10 years in any other case (s.9(3)(b)), on conviction on indictment. A THIRD qualifying domestic burglary attracts a mandatory minimum of 3 years' imprisonment (Sentencing Act 2020 s.314), unless the court is of the opinion that there are circumstances which make it unjust to impose it in all the circumstances — for index offences committed on or after 28 June 2022, that escape test was tightened to EXCEPTIONAL circumstances (Police, Crime, Sentencing and Courts Act 2022).

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.9 — Burglary.the offence

(1) A person is guilty of burglary if—

(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or

(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm ... therein, and of doing unlawful damage to the building or anything therein.

(3) A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—

(a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;

(b) in any other case, ten years.

(4) References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.

Read s.9 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing burglary, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Stop and searchs.1

PACE 1984 s.1(8)(a) lists burglary among the offences to which s.1 applies, so an article carried for use in connection with a burglary is a prohibited article (s.1(7)(b)) a constable may search for. A constable may also search for stolen articles under s.1(2).

Code of Practice: PACE Code A — stop and search →

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Charging Decisionscharging decisions

Where a theft takes place in circumstances which fall within the definition of burglary on the basis of a legal technicality (such as a technical trespass) prosecutors should charge theft. This gives court sufficient sentencing powers and enables the case to be presented clearly without the further complications of proving the additional elements required in burglary.

For instance, shoplifting by a person who has been banned from a store or by a person who has entered with the intention of shoplifting (so not a bona fide shopper) would both be burglary, as would someone stealing by reaching over a counter to steal goods on a shelf behind it but nothing will be added to the case by proceeding on a burglary rather than a theft. Burglary should be reserved for serious cases where there is significant encroachment into a private or exclusionary area.

Where violence or threats of violence are used to effect a theft from inside the building, prosecutors should normally charge robbery in order to reflect the seriousness of the offence and to give the court adequate sentencing powers. See the Robbery section in this guidance.

Read on cps.gov.uk

Allocation and Penaltyallocation & penalty

Burglary is an either way offence, except in the following circumstances, when it is indictable only:

the offence committed (or intended) is indictable only (Schedule 1, paragraph 28 of the Magistrates’ Courts Act 1980); or

the burglary was in a dwelling and any person in the dwelling was subjected to violence or the threat of violence (Schedule 1, paragraph 28 of the Magistrates’ Courts Act 1980); or

the burglary was a domestic burglary, the accused is 18 or over and at the date of the offence had previously been convicted on two separate occasions of domestic burglary committed after 30 November 1999 (section 314 Sentencing Act 2020). This is sometimes referred to as the 'three strike rule'. Note that it applies only to the substantive offence and not to attempts or conspiracies. See Annex A for the chronology which determines whether a defendant is subject to this rule.

Prosecutors should note that the test for applying the ‘three strike rule’ if the offence was committed before 28 June 2022 can be found at section 314(2) SA 2020 and is:

The Court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are particular circumstances which:

relate to any of the offences or to the offender, and

would make it unjust to do so in all the circumstances.

The test the Court should apply for a ‘three strike rule’ if the offence was committed on or after 28 June 2022 can be found at section 314(2A) SA 2020 and is:

The Court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which:

relate to any of the offences or to the offender, and

justify not doing so.

Prosecutors must ensure the Court is applying the right test when considering whether to impose the minimum sentence.

The offence carries a maximum penalty at the Crown Court of

14 years' imprisonment in the case of a burglary of a dwelling (with a minimum term of 3 years where section 314 Sentencing Act 2020 the 'three strike rule' is engaged;or

10 years in any other case.

In a Magistrates’ Court, the maximum penalty depends on when the offence was committed:

For offences committed prior to Monday 2 May 2022, the maximum penalty for a single either-way offence is up to 6 months' imprisonment and/or an unlimited fine; for two or more either-way offences, the maximum penalty is up to 12 months' imprisonment and/or an unlimited fine;

For offences committed on or after 00.01am on Monday 2 May 2022, the maximum penalty available for a single offence either-way offence, and for two or more either-way offences, is up to 12 months' imprisonment and/or an unlimited fine [see The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022]

Read on cps.gov.uk

Domestic burglary (Sentencing Council guideline; see also Non-domestic burglary)Legislation Quick Reference

s.9(1)(a) (entering with intent) and s.9(1)(b) (having entered, stealing or inflicting/attempting GBH) are separate limbs of the same offence — either can be charged depending on what is proved.
"Dwelling" burglaries carry the higher 14-year maximum (s.9(3)(a)) and are the only burglaries that count toward the third-strike domestic-burglary minimum in Sentencing Act 2020 s.314.
Certain burglaries are indictable only rather than either-way — see the carve-out in modeOfTrial, drawn from Magistrates' Courts Act 1980 Schedule 1 para 28.
s.9(4) extends "building" to include an inhabited vehicle or vessel, whether or not the person having a habitation in it is there at the time.

Frequently asked

Is burglary triable either way?: Usually, yes — but it is indictable only where the burglary comprises the commission of, or an intention to commit, an offence triable only on indictment, or is a burglary in a dwelling where a person in the dwelling was subjected to violence or the threat of violence (Magistrates' Courts Act 1980 Schedule 1 para 28).
What is the maximum sentence for burglary?: 14 years' imprisonment where the offence was committed in respect of a dwelling (s.9(3)(a) Theft Act 1968); 10 years in any other case (s.9(3)(b)), on conviction on indictment.
Is there a minimum sentence for repeat burglars?: Yes — a THIRD qualifying domestic burglary (the offender was 18 or over at the index offence, and has two previous domestic-burglary convictions, the second committed after conviction for the first) attracts a minimum of 3 years' imprisonment under Sentencing Act 2020 s.314, unless there are circumstances that make it unjust to impose it. For index offences on or after 28 June 2022, that escape test was tightened to EXCEPTIONAL circumstances (Police, Crime, Sentencing and Courts Act 2022).