Aggravated burglary and burglary are two of the most tested offences in the crime manual, because they combine trespass, entry, buildings, intent and weapons in one set of facts. A single word in a scenario, such as "decided" or "picked up", can move the answer from section 9(1)(a) to section 9(1)(b), or from burglary to aggravated burglary.
This guide covers sections 9 and 10 of the Theft Act 1968 for the sergeants' and inspectors' exams and the NIE. For theft itself, start with the Theft Act 1968 guide. For the exam format, see the sergeants' exam guide.
This guide is a revision aid, not legal advice; the exam follows the 2027 Blackstone's manuals, so check every point against your manual.
Burglary and aggravated burglary: the offences in full
Section 9: burglary
Section 9(1) of the Theft Act 1968 says 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."
The section 9(2) offences for limb (a) are stealing anything in the building or part, inflicting grievous bodily harm on any person in it, and doing unlawful damage to the building or anything in it. Rape was removed from the list in 2004 by the Sexual Offences Act 2003. Trespass with intent to commit a sexual offence is now a separate offence under section 63 of that Act.
Section 9(4) extends "building" and "dwelling" to an inhabited vehicle or vessel, whether or not the person living in it is there at the time.
The two limbs side by side
| Section 9(1)(a) | Section 9(1)(b) | |
|---|---|---|
| When complete | On entry | When the theft or GBH (or attempt) happens after entry |
| Intent needed on entry | Yes: to steal, inflict GBH or do unlawful damage | No |
| Ulterior conduct | None needed; nothing has to happen inside | Steals, attempts to steal, inflicts GBH or attempts to inflict GBH |
| Damage covered | Yes, as an intent | No: damage after entry is not a 9(1)(b) offence |
| Typical stem | "entered intending to…" | "once inside, decided to…" |
Section 10: aggravated burglary
Section 10(1) of the Theft Act 1968 says a person is guilty of aggravated burglary "if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive". The section defines each term:
- firearm includes an airgun or air pistol; an imitation firearm is anything that has the appearance of a firearm, whether or not it can be discharged;
- weapon of offence is any article made or adapted for causing injury to or incapacitating a person, or intended by the person having it with them for that use;
- explosive is any article made to produce a practical effect by explosion, or intended by the person having it for that purpose.
Key fact: The section 10 definition of weapon of offence is wider than "offensive weapon" in the Prevention of Crime Act 1953, because it includes articles made, adapted or intended to incapacitate, such as handcuffs, rope or a gag intended for that use.
Points to prove for aggravated burglary and burglary
| Element | What it means | Evidence an officer gathers |
|---|---|---|
| Entry | Any entry, including a partial one, that the jury finds was an entry | CCTV, forensic marks, fingerprints, witness accounts |
| Building or part of a building | A permanent or semi-permanent structure, or an inhabited vehicle or vessel; "part" covers areas you have no permission to be in | Photographs, plans, description of the structure and its use |
| As a trespasser | No permission, or entry for a purpose outside the permission, knowing or reckless as to that | Occupier's statement on permission given, signage, account in interview |
| Intent on entry (9(1)(a)) | To steal, inflict GBH or do unlawful damage | Tools carried, planning, admissions, conduct inside |
| Ulterior act (9(1)(b)) | Stole, attempted to steal, inflicted or attempted to inflict GBH | Property recovered, injuries, medical evidence |
| Dwelling (for the 14-year maximum) | A place people live in, including an inhabited vehicle or vessel | Occupier's evidence of residence, contents, use |
| Has with him (s.10) | Immediately accessible, not just carried in hand | Location of the item, proximity, search records |
| At the time (s.10) | At entry for 9(1)(a); at the theft or GBH for 9(1)(b) | Timeline, where and when the item was picked up |
| Weapon, firearm, imitation or explosive | Within the section 10(1) definitions | Exhibit, expert evidence, admissions about intended use |
Aggravated burglary sentence and mode of trial
Checked on the current section text, Schedule 1 to the Magistrates' Courts Act 1980 and the Sentencing Council guidelines for domestic burglary and aggravated burglary.
| Offence | Mode of trial | Maximum | Guideline offence range |
|---|---|---|---|
| Burglary of a dwelling (s.9) | Either way, with exceptions below | 14 years | Community order to 6 years |
| Burglary of a non-dwelling (s.9) | Either way, with exceptions below | 10 years | Discharge to 5 years |
| Aggravated burglary (s.10) | Indictable only | Life | 1 to 13 years |
| Trespass with intent to commit a sexual offence (s.63 SOA 2003) | Either way | 10 years | Not covered here |
Burglary becomes indictable only where:
- it comprises the commission of, or an intention to commit, an offence that is itself triable only on indictment;
- it is a burglary in a dwelling and any person in the dwelling was subjected to violence or the threat of violence; or
- a conviction would be the defendant's third qualifying domestic burglary (the "three strikes" rule).
Under section 314 of the Sentencing Code, a third domestic burglary means a custodial sentence of at least three years. For offences on or after 28 June 2022, the court can go below that only if exceptional circumstances justify it. After a guilty plea, the sentence must still be at least 80% of the minimum.
Exam tip: "Dwelling" is not a separate offence in the Act, but because it raises the maximum to 14 years, CPS guidance (applying R v Courtie [1984]) treats it as one that must be stated in the charge. If the stem asks about the maximum, check whether anyone lived there.
Key definitions and leading cases
Entry
- R v Brown (Vincent) [1985] and R v Ryan [1996]: a partial entry is enough. Putting any part of the body inside the building is capable of being an entry, and whether there was one is for the jury.
Building and part of a building
- B v Leathley [1979]: a freezer container in a farmyard was a building, applying an older definition: a structure of considerable size intended to be permanent or to last a considerable time.
- Norfolk Constabulary v Seekings and Gould [1986]: the trailer of an articulated lorry used for storage was still a vehicle, not a building, even though it was connected to the electricity supply.
- A customer has permission to be on the shop floor, but not behind the counter or in the staff area. Crossing into that part with the relevant intent makes the person a trespasser in that part.
Trespasser
The defendant must know they are a trespasser or be reckless about it. The civil idea of "trespass from the beginning" does not apply. A person with general permission to enter becomes a trespasser if they enter for a purpose they know is outside that permission.
- R v Jones and Smith [1976]: a son who had his father's general permission to enter the family home was a trespasser when he went in to steal two televisions, because the permission never covered entry to steal.
Dwelling
Whether a place is a dwelling is a question of fact. In R v Hudson [2017] the court said that the more habitable a building is, the more likely it is to be a dwelling. R v Chipunza [2021] (a hotel room) says that where it is disputed, dwelling and non-dwelling counts should both go before the jury. CPS guidance warns that R v Rodmell (1994) is not authority that a garden shed is a dwelling.
Weapons and timing
- R v Kelly [1993]: a burglar brought a screwdriver to force entry, then used it against the occupier who disturbed him. It became a weapon of offence when he intended to use it to injure, and using it "in the heat of the moment" was no defence.
- R v O'Leary [1986]: a burglar picked up a knife inside the house and used it on the occupiers. Because the charge was under section 9(1)(b), the relevant time was when he committed the ulterior offence, so he had the knife "at the time". On a section 9(1)(a) charge, the burglary is complete at entry, and arming later would not turn it into aggravated burglary.
- R v Henderson [2017]: "has with him" is wider than carrying in the hand; accessibility, proximity and the purpose of the enterprise all count.
Exam tip: Always ask which limb of section 9 the burglary is under before deciding whether the weapon was had "at the time". A knife picked up after entry can make a 9(1)(b) burglary aggravated, but not a 9(1)(a) burglary that was already complete.
Police powers
- Arrest: burglary is an offence for which a constable may arrest without warrant under section 24 PACE where a necessity reason applies. See section 24 PACE.
- Entry to arrest: section 17(1)(b) PACE allows entry and search to arrest for an indictable offence, where the constable reasonably believes the person is on the premises. Section 17(1)(e) allows entry to save life or limb or prevent serious damage to property, which often applies at a burglary in progress. See section 17 PACE.
- Search after arrest: section 32 PACE allows search of premises where the person was at or immediately before arrest for evidence of the indictable offence. Section 18 allows search of premises the arrested person occupies or controls, with an inspector's written authority unless section 18(5) applies. See section 18 PACE.
- Stop and search: section 1 of PACE lets a constable search for articles made, adapted or intended for burglary, and for offensive weapons. See section 1 PACE.
- Warrant: section 26 of the Theft Act lets a justice of the peace issue a warrant to search for stolen goods.
Worked exam scenarios
Scenario 1. PATEL goes into a large shop during opening hours to browse. He sees a door marked "Staff only", goes through it into the stockroom, and once inside decides to take a box of phones. He is stopped before he leaves. Which burglary, if any?
Section 9(1)(b). PATEL had permission to be on the shop floor but not in the stockroom, so he entered that part of the building as a trespasser. He had no intent to steal on entry, so 9(1)(a) fails, but he then stole (or at least attempted to steal) in that part.
Scenario 2. EVANS breaks into a house through a rear window, intending to steal. In the kitchen he picks up a knife from the block and threatens the occupier with it, then leaves with a laptop. Is it aggravated burglary?
Yes, on a section 9(1)(b) charge. At the time of the theft of the laptop he had a weapon of offence with him, the knife he intended to use to injure or frighten. Following O'Leary, the relevant time under 9(1)(b) is the theft. The occupier was threatened with violence in a dwelling, so the basic burglary would also be indictable only.
Scenario 3. CLARKE is invited into a friend's flat for a party. Later he goes into the friend's bedroom, which guests have been told is out of bounds, intending to smash the friend's television over a grudge. He is stopped at the door after stepping inside. Burglary?
Yes, under section 9(1)(a). The bedroom is a part of the building he had no permission to enter, he knew it, and he entered it intending to do unlawful damage. Nothing needs to have happened inside. Note that if he had only formed the intention to damage after entering, there would be no burglary, because damage is not one of the 9(1)(b) offences.
Common exam traps
- Damage only works under 9(1)(a). Criminal damage after a trespassory entry is not burglary unless the intent to damage existed at entry.
- Location matters under 9(1)(b). The theft or GBH must happen in the building or the part of it the person entered as a trespasser.
- Burglary needs a trespasser at the moment of entry. Abusing permission after an innocent entry is not enough unless the person then enters another part as a trespasser.
- An uninhabited caravan or boat is not a building. An inhabited one is a dwelling even when the occupier is away.
- "Has with him" is not "carries". A weapon left within easy reach in the getaway car may still count.
- Indictable-only triggers: violence or threats to a person in a dwelling, an indictable-only intended offence, or a third domestic burglary.
- Firearm and imitation firearm in section 10 include airguns and things that only look like firearms, so a realistic replica will do.
Related offences
- Theft Act 1968: theft, robbery, handling and going equipped.
- Criminal Damage Act 1971: where damage is done but burglary is not made out.
- Offences Against the Person Act 1861: the GBH element and the assault ladder.
- Offensive weapons and bladed articles and the Firearms Act 1968: separate charges for the weapon itself.
- Trespassing with intent to commit an offence: section 11 of the Crime and Policing Act 2026 makes it a summary offence to trespass on any premises (a building, part of a building or an enclosed area) with intent to commit an offence, punishable by up to 3 months or a level 3 fine. It came into force on 29 June 2026. It catches trespass in yards and gardens where burglary does not apply; check whether your 2027 manual covers it.
Test yourself
Checked against legislation.gov.uk on 30 October 2026, with the CPS Theft Act offences guidance and the Sentencing Council burglary guidelines.
- Take the free theft offences topic quiz, which includes burglary questions, and write down which limb of section 9 each one turns on.
- Sit the free diagnostic to compare theft offences with your other crime topics.
- Then sit mock 1 in one timed sitting. For more on how exam scenarios are built, read our guide to sergeants' exam questions.
10 free theft and related offences practice questions with answers
Try each one, then open the answer. For a timed experience use the free topic quiz.
1. SPENCER lives full-time in a static caravan. While she is away on holiday for two weeks, DUNN breaks into the caravan and steals her jewellery. Which of the following is correct?
- A. This is burglary of a building other than a dwelling, as the occupier was away on holiday
- B. This is burglary of a dwelling, as an inhabited vehicle counts even when the occupier is away
- C. This is burglary of a dwelling only if the caravan stands on permanent foundations
- D. This is not burglary because a caravan is not a building
Show answer
B. This is burglary of a dwelling, as an inhabited vehicle counts even when the occupier is away
Section 9(4) of the Theft Act 1968 applies burglary to an inhabited vehicle or vessel, and treats it as a dwelling for the s.9(3) maximum. It applies whether or not the person who lives in it is there at the time. DUNN's offence is burglary of a dwelling, with a maximum of 14 years.
Source: Theft Act 1968, s.9(4)
2. MARSDEN breaks a window and climbs into an empty office building as a trespasser, intending to steal computers. Before he touches anything, an alarm sounds and he leaves empty-handed. Which of the following is correct?
- A. MARSDEN commits attempted burglary because nothing was stolen
- B. MARSDEN commits burglary under s.9(1)(b) because he entered as a trespasser
- C. MARSDEN commits no burglary offence because he left without stealing
- D. MARSDEN commits burglary under s.9(1)(a), as he entered intending to steal
Show answer
D. MARSDEN commits burglary under s.9(1)(a), as he entered intending to steal
Under s.9(1)(a) of the Theft Act 1968, burglary is complete when the defendant enters a building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm or do unlawful damage. Nothing needs to be stolen. MARSDEN's intent at the moment of entry completes the offence.
Source: Theft Act 1968, s.9(1)(a)
3. MOSLEY is angry with a work colleague. He takes the colleague's expensive fountain pen from her desk and throws it into a river so that she will never get it back. He gains nothing from doing so. Which of the following is correct?
- A. MOSLEY cannot commit theft because he did not act with a view to gain
- B. MOSLEY may commit theft, as gain or personal benefit is immaterial
- C. MOSLEY commits criminal damage only, because the pen was destroyed
- D. MOSLEY commits theft only if he kept the pen for his own benefit
Show answer
B. MOSLEY may commit theft, as gain or personal benefit is immaterial
Section 1(2) of the Theft Act 1968 makes it immaterial whether the appropriation is made with a view to gain or for the thief's own benefit. Taking the pen and throwing it away so the owner never recovers it is a dishonest appropriation with an intention to permanently deprive. That is theft, whatever his motive.
Source: Theft Act 1968, s.1(2)
4. What is the maximum penalty on indictment for handling stolen goods under s.22 of the Theft Act 1968?
- A. 7 years, the same as theft
- B. 14 years
- C. Life imprisonment
- D. 10 years
Show answer
B. 14 years
Section 22(2) of the Theft Act 1968 provides that a person guilty of handling stolen goods is liable on conviction on indictment to imprisonment for up to 14 years. That is twice the seven-year maximum for theft under s.7, which reflects the role handlers play in creating a market for stolen property.
Source: Theft Act 1968, s.22(2)
5. Following R v Barton and Booth, which of the following correctly describes how dishonesty is decided in theft where s.2 of the Theft Act 1968 does not apply?
- A. Dishonesty is a question of law for the judge, decided by reference to the definitions in s.2
- B. The jury first find the defendant's actual knowledge or belief as to the facts, then decide whether his conduct was dishonest by the standards of ordinary decent people
- C. The jury apply the defendant's own standards of honesty, provided his belief that his conduct met those standards was genuinely held
- D. The jury decide whether the conduct was dishonest by the standards of ordinary decent people, and then whether the defendant realised it was dishonest by those standards
Show answer
B. The jury first find the defendant's actual knowledge or belief as to the facts, then decide whether his conduct was dishonest by the standards of ordinary decent people
In Ivey v Genting Casinos, approved for criminal cases in R v Barton and Booth, the tribunal first ascertains, subjectively, the actual state of the defendant's knowledge or belief as to the facts. It then decides whether his conduct was dishonest by the objective standards of ordinary decent people. The second limb of the old Ghosh test, whether the defendant realised his conduct was dishonest by those standards, no longer applies.
Source: Theft Act 1968, s.2 (Ivey v Genting; R v Barton and Booth)
6. Which of the following is correct regarding the penalties under s.8(2) of the Theft Act 1968?
- A. Robbery carries a maximum of 14 years, the same as aggravated burglary
- B. Robbery and assault with intent to rob both carry a maximum of life imprisonment on indictment
- C. Robbery carries life imprisonment, but assault with intent to rob carries a maximum of 10 years
- D. Robbery is triable either way where the property stolen is of low value
Show answer
B. Robbery and assault with intent to rob both carry a maximum of life imprisonment on indictment
Section 8(2) of the Theft Act 1968 provides that a person guilty of robbery, or of an assault with intent to rob, is liable on conviction on indictment to imprisonment for life. Both are indictable-only offences. The value of the property does not affect the mode of trial.
Source: Theft Act 1968, s.8(2)
7. GRANT is in a supermarket. He peels the price label off a cheap bottle of wine and sticks it on an expensive bottle, intending to pay the lower price. A store detective sees him do this and stops him before he reaches the checkout. At what point, if any, did GRANT first appropriate the expensive bottle?
- A. When he switched the labels, as that was an assumption of a right of the owner
- B. Only when he would have paid the lower price at the checkout
- C. Only when he would have carried the bottle out of the store
- D. At no point, because the store impliedly consents to customers picking up and handling goods
Show answer
A. When he switched the labels, as that was an assumption of a right of the owner
Section 3(1) of the Theft Act 1968 provides that any assumption by a person of the rights of an owner amounts to an appropriation. Pricing goods is a right of the owner, so swapping the labels is itself an appropriation, and the courts have held that assuming any one of the owner's rights is enough. With dishonesty and an intention to permanently deprive present at that moment, the theft is complete before he reaches the checkout.
Source: Theft Act 1968, s.3(1)
8. STEELE tells a shop owner: 'Pay me £500 a month, or a local gang I know will smash your windows. I won't be involved, but I can't stop them unless you pay.' Which of the following is correct?
- A. This is robbery, because the shop owner is threatened with violence to property
- B. This is blackmail only if the gang he refers to actually exists
- C. This cannot be blackmail, because STEELE is not threatening to act himself
- D. This can be blackmail, even though STEELE will not carry out the threat himself
Show answer
D. This can be blackmail, even though STEELE will not carry out the threat himself
Section 21(2) of the Theft Act 1968 provides that it is immaterial whether the menaces relate to action to be taken by the person making the demand. A demand backed by the threat that others will cause damage can be a demand with menaces. STEELE acts with a view to gain, and the demand is plainly unwarranted.
Source: Theft Act 1968, s.21(2)
9. SHAW takes a bottle of whisky from a shop shelf. As he heads for the door, a security guard steps in front of him, and SHAW pushes the guard aside to get out. The shop owner is not present. Which of the following is correct?
- A. This can be robbery only if the guard was injured
- B. This can be robbery, because the force may be used on any person
- C. This cannot be robbery, because force was not used on the owner of the whisky
- D. This is theft and an assault, as the theft was complete before the push
Show answer
B. This can be robbery, because the force may be used on any person
Section 8(1) of the Theft Act 1968 refers to force on 'any person', so it need not be the owner or the person in possession. Pushing the guard aside on the way out, in order to get away with the whisky, can be force at the time of stealing and in order to steal, because the appropriation is still continuing. Whether the force is enough is a question of fact.
Source: Theft Act 1968, s.8(1)
10. IRWIN takes a pedal cycle from outside a library without the owner's consent and rides it home, intending to return it the next day. Which of the following is correct?
- A. IRWIN commits the s.12(1) offence of taking a conveyance without authority
- B. IRWIN commits the separate summary offence under s.12(5) relating to pedal cycles
- C. IRWIN commits theft, because a pedal cycle is not a conveyance
- D. IRWIN commits no offence because he intended to return the cycle
Show answer
B. IRWIN commits the separate summary offence under s.12(5) relating to pedal cycles
Section 12(5) of the Theft Act 1968 provides that s.12(1) does not apply to pedal cycles. Instead it creates a separate summary offence of taking a pedal cycle without consent or lawful authority for one's own or another's use, or riding one knowing it has been so taken, punishable by a fine not exceeding level 3. An intention to return the cycle does not matter for this offence, but it does mean there is no theft.
Source: Theft Act 1968, s.12(5)
Frequently asked questions
+What is aggravated burglary?
Under section 10 of the Theft Act 1968, a person commits aggravated burglary if they commit any burglary and at the time have with them a firearm or imitation firearm, a weapon of offence or an explosive. It is triable only on indictment and carries a maximum of life imprisonment.
+What is the sentence for aggravated burglary in the UK?
The statutory maximum is life imprisonment. The Sentencing Council guideline gives an offence range of 1 to 13 years' custody, and the offence is subject to statutory minimum sentencing provisions where they apply.
+What is the difference between section 9(1)(a) and section 9(1)(b) burglary?
Section 9(1)(a) is complete on entry: the person enters as a trespasser intending to steal, inflict grievous bodily harm or do unlawful damage. Section 9(1)(b) needs no intent on entry; the offence is committed when, having entered as a trespasser, the person steals or inflicts grievous bodily harm, or attempts either.
+What is the maximum sentence for burglary?
Burglary of a dwelling carries up to 14 years' imprisonment and burglary of any other building up to 10 years (section 9(3)). A third domestic burglary triggers a minimum custodial sentence of three years under section 314 of the Sentencing Code unless exceptional circumstances apply.
+Is burglary triable either way?
Usually, yes. It becomes indictable only where the offence committed or intended is itself indictable only, where it was a burglary of a dwelling and any person in the dwelling was subjected to violence or the threat of violence, or where a conviction would be the defendant's third qualifying domestic burglary.
+Does a shed or garage count as a building for burglary?
A shed or detached garage is normally a building, because a building is a structure of considerable size intended to be permanent or to last a considerable time. Whether it is a dwelling is a separate question of fact, and CPS guidance warns against treating a garden shed as a dwelling automatically.
+Can you commit burglary by putting your hand through a window?
Yes, potentially. The Court of Appeal has held that a partial entry is enough, so reaching through a broken window or getting part of the body into a building can amount to entry. The jury decides whether there was an entry on the facts.
+Is a screwdriver a weapon of offence for aggravated burglary?
It can be. A weapon of offence includes anything intended by the person having it for use to injure or incapacitate. In R v Kelly the Court of Appeal upheld a conviction where a burglar used a screwdriver, brought to force entry, against the occupier who disturbed him.
Revision aid, not legal advice. The College of Policing exams follow the 2027 Blackstone's Police Manuals, so check every point against your manual and the current law on legislation.gov.uk. Police Sergeant Exam is independent and not affiliated with the College of Policing, the Home Office or Oxford University Press.
Keep reading
- Theft Act 1968: Theft, Robbery and Related OffencesTheft Act 1968 for the sergeants' exam: ss.1–6 theft, robbery, TWOC, handling and going equipped, with points to prove, penalties and exam traps.
- Offences Against the Person Act 1861: The Assault Ladder from Common Assault to Section 18Offences Against the Person Act 1861 explained: common assault, s.47 ABH, s.20 and s.18 GBH and strangulation, with points to prove, penalties and traps.